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HomeMy WebLinkAboutUntitledG C (-7) UTH o . d u nn Community & Economic Development /865 1200 County -City Building, 227 West Jefferson, South Bend, Indiana 46601 -1830 Phone 574)235 -9371 Fax 5741235 -9021 To: Redevelopment Commission From: David Relos, Economic Development Planner Subject: Res. No. 2763 — Acquisition Offer for 1534 —1536 Prairie Ave. Date: September 17, 2010 This is the staff report for the acquisition of 1534 — 1536 Prairie Ave. This property was added to the Airport Economic Development Area Acquisition List by Resolution No. 2668 on May 21, 2010. It was added in an effort to clean and clear the southern boundary of Ignition Park, and to help stabilize the Rum Village neighborhood to the south. The Rum Village Neighborhood Association strongly supports the redevelopment of this area on the north side of Indiana Avenue. This particular property is a two story duplex. Total square footage is 2,565. Unit one is a three bedroom, two bath, with unit two being a two bedroom, one bath. Both units are leased. The property owner would like participate in the goals of the Commission in its efforts to clean and clear this area, and contacted Staff of their interest in selling this property. Resolution No. 2763 sets the acquisition value of the property at $,78,000. The acquisition value is the average value as determined by two independent appraisals. Staff requests approval of Resolution No. 2763, to allow for the acquisition of this property. What We Do Today Makes A Difference! RESOLUTION NO. 2763 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION RELATED TO ACQUISITION OF PROPERTY IN THE AIRPORT ECONOMIC DEVELOPMENT AREA WHEREAS, under the authority granted by Indiana Code § 36 -7 -14, et seq. and in furtherance of the Airport Economic Development Area Plan ( "Plan"), the South Bend Redevelopment Commission ( "Commission ") has determined that it is necessary to acquire unencumbered fee simple interest in certain property located within the area heretofore designated as the Airport Economic Development Area (the "Area ") within the City of South Bend, Indiana (the "City "), which property is more particularly described at Exhibit A attached hereto and incorporated herein ( "Property "); and WHEREAS, on May 21, 2010, the Commission adopted Resolution No. 2668 amending the Plan and adding the Property to the Area's acquisition list; and WHEREAS, two (2) independent appraisals of the Property have been obtained in accordance with Indiana Code § 36- 7- 14- 19(b), which provide an offering price of $78,000.00 (the "Offering Price "); and WHEREAS, the Commission now desires to authorize its authorized agents, hired for such purposes, or the staff of the Commission to provide and negotiate an offer for the Purchase of the Property in accordance with Indiana Code § 36- 7- 14-19, which may include relocation costs and the Commission's payment of expenses incidental to the conveyance and determination of the title of the Property; and WHEREAS, the Commission finds that all procedures necessary for authorizing and acquiring the Property have been completed in accordance with Indiana law; NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment Commission that: 1. Authorized agents of the Commission and the staff of the Commission are hereby authorized and directed to cause a purchase offer to be made in writing to the owner(s) of the Property as described at Exhibit A at the Offering Price (the "Average Acquisition Price" in Exhibit A) in accordance with Indiana Code § 36- 7- 14-19, which offer or process may include relocation costs and the payment of expenses incidental to the conveyance and determination of the title of the Property. 2. The Commission's agents and attorneys are hereby authorized and directed to negotiate and prepare documentation necessary to accomplish the acquisition of the Property in accordance with this Resolution and in a form acceptable to legal counsel. 3. The Commission hereby ratifies any actions of its staff or legal counsel previously taken consistent with the authority provided in Section 1 or 2 hereof. Notwithstanding the foregoing, no representations, contract or understanding relative to the purchase of the Property, whether made by a Commissioner, employee or other agent or official, is binding against the Commission until approved and accepted by the Commission in writing. The Commission hereby accepts, in advance, any purchase of the Property pursuant to a uniform acquisition offer set forth at Indiana Code § 32 -24-1- 5 (or a purchase offer deemed by legal counsel to be substantially similar to said Uniform Acquisition Offer, which may include the payment of expenses incidental to the conveyance and determination of title). 4. Commission staff members are authorized to execute on behalf of the Commission any documents necessary to carry out the intent of this resolution. ADOPTED at a Regular Meeting of the South Bend Redevelopment Commission held on September 17, 2010, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT Printed Name and Title South Bend Redevelopment Commission ATTEST: Signature Printed Name and Title South Bend Redevelopment Commission EXHIBIT A PROPERTY DESCRIPTION AND OFFERING PRICE Average Tax Key No. Address Owner Acquisition Price 18- 8053 -2131 1534 — 1536 Prairie James C. Trotter $78,000.00 Ave. 6,EC0 urs Community & Economic Development 1200 County -City Building, 227 West Jefferson, South Bend, Indiana 46601 -1830 Phone 574/235 -9371 Fax 574/235 -9021 To: Redevelopment Commission From: David Relos, Economic Development Planner Subject: Res. No. 2764 — Acquisition Offer for 1502 S. Chapin St. Date: September 17, 2010 This is the staff report for the acquisition of 1502 S. Chapin St. This property was added to the Airport Economic Development Area Acquisition List by Resolution No. 2668 on May 21, 2010. It was added in an effort to clean and clear the southern boundary of Ignition Park, and to help stabilize the Rum Village neighborhood to the south. The Rum Village Neighborhood Association strongly supports the redevelopment of this area on the north side of Indiana Avenue. This particular property is a four bedroom, 1 bath, two story residential home. It is 1,152 square feet. The property owner would like participate in the goals of the Commission in its efforts to clean and clear this area, and contacted Staff of their interest in selling this property. Resolution No. 2764 sets the acquisition value of the property at $21,500. The acquisition value is the average value as determined by two independent appraisals. Staff requests approval of Resolution No. 2764, to allow for the acquisition of this property. What We Do Today Makes A Difference! RESOLUTION NO. 2764 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION RELATED TO ACQUISITION OF PROPERTY IN THE AIRPORT ECONOMIC DEVELOPMENT AREA WHEREAS, under the authority granted by Indiana Code § 36 -7 -14, et seq. and in furtherance of the Airport Economic Development Area Plan ( "Plan "), the South Bend Redevelopment Commission ( "Commission ") has determined that it is necessary to acquire unencumbered fee simple interest in certain property located within the area heretofore designated as the Airport Economic Development Area (the "Area") within the City of South Bend, Indiana (the "City "), which property is more particularly described at Exhibit A attached hereto and incorporated herein ( "Property "); and WHEREAS, on May 21, 2010, the Commission adopted Resolution No. 2668 amending the Plan and adding the Property to the Area's acquisition list; and WHEREAS, two (2) independent appraisals of the Property have been obtained in accordance with Indiana Code § 36- 7- 14- 19(b), which provide an offering price of $21,500.00 (the "Offering Price "); and WHEREAS, the Commission now desires to authorize its authorized agents, hired for such purposes, or the staff of the Commission to provide and negotiate an offer for the Purchase of the Property in accordance with Indiana Code § 36- 7- 14-19, which may include relocation costs and the Commission's payment of expenses incidental to the conveyance and determination of the title of the Property; and WHEREAS, the Commission finds that all procedures necessary for authorizing and acquiring the Property have been completed in accordance with Indiana law; NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment Commission that: 1. Authorized agents of the Commission and the staff of the Commission are hereby authorized and directed to cause a purchase offer to be made in writing to the owner(s) of the Property as described at Exhibit A at the Offering Price (the "Average Acquisition Price" in Exhibit A) in accordance with Indiana Code § 36- 7- 14-19, which offer or process may include relocation costs and the payment of expenses incidental to the conveyance and determination of the title of the Property. 2. The Commission's agents and attorneys are hereby authorized and directed to negotiate and prepare documentation necessary to accomplish the acquisition of the Property in accordance with this Resolution and in a form acceptable to legal counsel. 3. The Commission hereby ratifies any actions of its staff or legal counsel previously taken consistent with the authority provided in Section 1 or 2 hereof. Notwithstanding the foregoing, no representations, contract or understanding relative to the purchase of the Property, whether made by a Commissioner, employee or other agent or official, is binding against the Commission until approved and accepted by the Commission in writing. The Commission hereby accepts, in advance, any purchase of the Property pursuant to a uniform acquisition offer set forth at Indiana Code § 32 -24-1- 5 (or a purchase offer deemed by legal counsel to be substantially similar to said Uniform Acquisition Offer, which may include the payment of expenses incidental to the conveyance and determination of title). 4. Commission staff members are authorized to execute on behalf of the Commission any documents necessary to carry out the intent of this resolution. ADOPTED at a Regular Meeting of the South Bend Redevelopment Commission held on September 17, 2010, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT Signature Printed ame an it e South Bend Redevelopment Commission ATTEST: Printed Name and Title South Bend Redevelopment Commission EXHIBIT A PROPERTY DESCRIPTION AND OFFERING PRICE Average Tax Key No. Address Owner Acquisition Price Eduardo Pedraza 18- 8025 -1008 1502 S. Chapin St. and Maria Del $21,500.00 Carmen Pedraza -' '.c .. .. ..; 1, I J V ' / { - - \ 6 C-- ('?) • r a n • u rn Community & Economic Development = ;a 1200 County -City Building, 227 West Jefferson, South Bend, Indiana 46601 -1830 Phone 574/235 -9371 Fax 574/235 -9021 To: Redevelopment Commission ��/ From: David Relos, Economic Development Planner 0v Subject: Res. No. 2765 — Acquisition Offer for 1512 S. Scott St. Date: September 17, 2010 This is the staff report for the acquisition of 1512 S. Scott St. This property was added to the Airport Economic Development Area Acquisition List by Resolution No. 2668 on May 21, 2010. It was added in an effort to clean and clear the southern boundary of Ignition Park, and to help stabilize the Rum Village neighborhood to the south. The Rum Village Neighborhood Association strongly supports the redevelopment of this area on the north side of Indiana Avenue. This particular property is a three bedroom, 1 bath, 1 '% story residential home. It is 1,080 square feet. The property owner would like participate in the goals of the Commission in its efforts to clean and clear this area, and contacted Staff of their interest in selling this property. Resolution No. 2765 sets the acquisition value of the property at $14,750. The acquisition value is the average value as determined by two independent appraisals. Staff requests approval of Resolution No. 2765, to allow for the acquisition of this property. What We Do Today Makes A Difference! RESOLUTION NO. 2765 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION RELATED TO ACQUISITION OF PROPERTY IN THE AIRPORT ECONOMIC DEVELOPMENT AREA WHEREAS, under the authority granted by Indiana Code § 36 -7 -14, et seq. and in furtherance of the Airport Economic Development Area Plan ( "Plan "), the South Bend Redevelopment Commission ( "Commission ") has determined that it is necessary to acquire unencumbered fee simple interest in certain property located within the area heretofore designated as the Airport Economic Development Area (the "Area ") within the City of South Bend, Indiana (the "City "), which property is more particularly described at Exhibit A attached hereto and incorporated herein ( "Property "); and WHEREAS, on May 21, 2010, the Commission adopted Resolution No. 2668 amending the Plan and adding the Property to the Area's acquisition list; and WHEREAS, two (2) independent appraisals of the Property have been obtained in accordance with Indiana Code § 36- 7- 14- 19(b), which provide an offering price of $14,750.00 (the "Offering Price "); and WHEREAS, the Commission now desires to authorize its authorized agents, hired for such purposes, or the staff of the Commission to provide and negotiate an offer for the Purchase of the Property in accordance with Indiana Code § 36- 7- 14-19, which may include relocation costs and the Commission's payment of expenses incidental to the conveyance and determination of the title of the Property; and WHEREAS, the Commission finds that all procedures necessary for authorizing and acquiring the Property have been completed in accordance with Indiana law; NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment Commission that: 1. Authorized agents of the Commission and the staff of the Commission are hereby authorized and directed to cause a purchase offer to be made in writing to the owner(s) of the Property as described at Exhibit A at the Offering Price (the "Average Acquisition Price" in Exhibit A) in accordance with Indiana Code § 36- 7- 14-19, which offer or process may include relocation costs and the payment of expenses incidental to the conveyance and determination of the title of the Property. 2. The Commission's agents and attorneys are hereby authorized and directed to negotiate and prepare documentation necessary to accomplish the acquisition of the Property in accordance with this Resolution and in a form acceptable to legal counsel. 3. The Commission hereby ratifies any actions of its staff or legal counsel previously taken consistent with the authority provided in Section 1 or 2 hereof. Notwithstanding the foregoing, no representations, contract or understanding relative to the purchase of the Property, whether made by a Commissioner, employee or other agent or official, is binding against the Commission until approved and accepted by the Commission in writing. The Commission hereby accepts, in advance, any purchase of the Property pursuant to a uniform acquisition offer set forth at Indiana Code § 32 -24-1- 5 (or a purchase offer deemed by legal counsel to be substantially similar to said Uniform Acquisition Offer, which may include the payment of expenses incidental to the conveyance and determination of title). 4. Commission staff members are authorized to execute on behalf of the Commission any documents necessary to carry out the intent of this resolution. ADOPTED at a Regular Meeting of the South Bend Redevelopment Commission held on September 17, 2010, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT Printed ame and Title South Bend Redevelopment Commission ATTEST: Printed ame and Title South Bend Redevelopment Commission EXHIBIT A PROPERTY DESCRIPTION AND OFFERING PRICE Average Tax Key No. Address Owner Acquisition Price Julius J. Wesszo, 18- 8026 -1059 1512 S. Scott St. Surviving Spouse of $14,750.00 Helen M. Wesszo y' � _ i - r _ _ � � -- `,1 �l c f ��: �^ _ L�. _ ._. � x _, .. � �,. :� ,:. ._ � _ _ . <. ( � ,r }! _ i _ ` -.. / �. /. ^,,' .. - I _ - .. ( -. - ' � � _ _ ,. a, -.r � � '� !,- L � 6(/0) memorandum Community & Economic Development ,a IB65 � 1200 County -City Building, 227 West Jefferson, South Bend, Indiana 46601 -1830 Phone 574/235 -9371 Fax 574/235 -9021 To: Redevelopment Commission; Board of Public Works From: Bill Schalliol, Economic Development Planner O Subject: Resolution 2771 and Addendum To Master Agency Agreement Olive Road Extension Design Project- Brick to Adams Date: September 17, 2010 Attached to this memorandum is Resolution 2771 and Addendum To Master Agency Agreement for the Olive Road Extension Design Project- Brick to Adams. Attached to the Addendum is a copy of the professional services proposal from DLZ Indiana, LLC, to provide project design services for the development of preliminary construction drawings and right -of -way plans for the development of the Olive Road extension connector roadway. Over the last 10 years, the Redevelopment Commission and the Board of Works have been working together to create a north /south corridor in the northwestern part of the City to accommodate future industrial and commercial development opportunities. To date, Olive Road has been improved from a typical county road cross- section from Nimtz Parkway to Brick Road. The City is presently working on right -of -way acquisition and construction planning from Lincolnway to Nimtz for a future roadway improvement. The Olive Road section from Brick to Adams would be a new segment that would extend the circulation network to the north and would serve to connect the western limits of Portage Prairie to the existing Blackthorn West development area as well as connect into the future Adams Road /St. Joseph Valley Parkway interchange. The attached proposal will create a roadway and right -of -way acquisition plan for this roadway segment. Survey work will be done yet this year and plans and guidelines will be developed over the winter and the right -of -way planning should be complete by spring to allow for acquisition. It is not anticipated that the roadway will be constructed until the need is present. Staff requests approval of Resolution 2771 and the Addendum To Master Agency Agreement for the Olive Road Extension Design Project- Brick to Adams. What We Do Today Makes A Difference! 1 RESOLUTION NO. 2771 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION APPROVING AND AUTHORIZING THE EXECUTION OF AN ADDENDUM TO THE MASTER AGENCY AGREEMENT (Olive Road Extension Design Project- Brick to Adams) WHEREAS, effective January 1, 2010, the South Bend Department of Redevelopment, acting by and through its Redevelopment Commission (the "Commission ") and the South Bend Board of Public Works (the "BPW ") entered into a Master Agency Agreement which authorized the BPW to act as agent for and on behalf of the Commission for certain projects during 2010; and WHEREAS, pursuant to the Master Agency Agreement, the Commission desires to add the Olive Road Extension Design Project- Brick to Adams to the Master Agency Agreement by way of this Addendum. NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment Commission as follows: Section 1. The Commission hereby approves the Addendum to Master Agency Agreement (Olive Road Extension Design Project- Brick to Adams) and hereby authorizes its execution in substantially the form attached hereto with such changes as the Commission may deem necessary or appropriate upon the. advice of counsel, said execution thereof to be conclusive evidence of the Commission's approval of such changes. The Clerk is hereby directed to file a copy of the Addendum with the BPW. Section 2. This Resolution shall be in full force and effect after its adoption by the Commission. Section 3. Commission staff members are authorized to execute on behalf of the Commission any documents necessary to carry out the intent of this resolution. ADOPTED at a meeting of the South Bend Redevelopment Commission held on September 17, 2010, at 10:00 a.m., in Room 1308, County -City Building, South Bend, Indiana 46601 CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT South Bend Redevelopment Commission ATTEST: South Bend Redevelopment Commission ADDENDUM TO MASTER AGENCY AGREEMENT (Olive Road Extension Design Project- Brick to Adams) This Addendum to Master Agency Agreement (this "Addendum "), made and entered into as of the 23rd day of September, 2010, by and between the South Bend Department of Redevelopment, acting by and through its Redevelopment Commission (the "Commission ") and the City of South Bend, Indiana, a municipal corporation duly organized and existing pursuant to the laws of the State of Indiana, acting by and through its Board of Public Works (the "BPW ") for purposes of the Commission designating the BPW to act as the Commission's agent to undertake the Olive Road Extension Design Project- Brick to Adams (the "Project'). WHEREAS, effective January 1, 2010, the Commission and the BPW entered into a Master Agency Agreement which authorized the BPW to act as agent for and on behalf of the Commission for certain projects during 2010; and WHEREAS, pursuant to the Master Agency Agreement, the Commission desires to add the Olive Road Extension Design Project- Brick to Adams to the Master Agency Agreement by way of this Addendum. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the BPW and the Commission agree as follows: 1. The Commission hereby empowers and appoints the BPW, pursuant to the Master Agency Agreement, to act as the Commission's agent for the limited purpose of contracting for and managing the completion of the Project, the scope of said Project being more specifically described in "Exhibit A ", attached hereto and made a part hereof. 2. All of the terms and conditions of the Master Agency Agreement shall control this appointment and this Addendum shall be attached to the Master Agency Agreement. 3. Commission staff members are authorized to execute on behalf of the Commission any documents necessary to carry out the intent of this resolution. IN WITNESS WHEREOF, the undersigned execute this Addendum to Master Agency Agreement to be effective as of the date first written above. CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT South Bend Redevelopment Commission ATTEST: South Bend Redevelopment Commission CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Gary Gilot, President Carl Littrell, Member Don Inks, Member ATTEST: Linda Martin, Clerk Exhibit "A" OLIVE ROAD EXTENSION DESIGN PROJECT- BRICK TO ADAMS See attached proposal from DLZ Indian, LLC dated August 24, 2010 W 1' DLZ ENGINEERS • ARCBMICTS • SCIENnSTS PLANNERS • SURVEYORS August 24, 2010 Mr. Bill Schalliol City of South Bend 227 West Jefferson Boulevard South Bend, Indiana 46601 Re: Olive Road, Agreement Dear Mr. Schalliol: RECEIVED AUG 2 5 2010 DLZ Indiana, LLC (DLZ) is pleased to have the opportunity to submit this agreement for engineering services for the design of Olive Road from Brick Road to Adams Road. The agreement includes surveying, roadway design, and right -of -way services. Enclosed are three copies of the engineering services agreement. We hope that this agreement meets with your approval and acceptance. If this Agreement meets with your approval, please present it to the Board of Public Works for their execution and return one (1) executed copy to our office for our records. DLZ appreciates this opportunity to provide continued service to the City of South Bend. I£ you have any questions or comments, please feel free to contact our office. Very truly yours, DLZ INDIANA,'LLC Joleph . Zwierz Pr4sident cc: BLG, GKF, BMS, File M:\ Proposals \PIOTmnsportation\South Bend \Olive Road Brick to Adams \tnns.docx 2211 East Jefferson Blvd. South Bend, Indiana 46615 • (574) 236 -4400 With Offices Throughout The Midwest www.dlz.com FAX (574) 236 -4471 I. AGREEMENT THIS AGREEMENT is made and entered into this day of 2010, by and between the City of South Bend, Indiana, acting by and through the Board of Public Works, hereinafter referred to as the "OWNER ", and DLZ Indiana, LLC, 2211 East Jefferson Blvd., South Bend, IN 46615, hereinafter referred to as the "ENGINEER ". WITNESSETH WHEREAS, the OWNER desires to contract for the preparation of alignment planning for Olive Road from Brick Road to Adams Road, and WHEREAS, the ENGINEER has expressed a willingness to perform said design services as set out in Appendix "A ", NOW, THEREFORE, the parties hereto agree that said ENGINEER shall provide the services and documents, hereinbefore and hereinafter described, in relation to the following described project: Survey, Alignment Planning (30% design) and Right of Way Acquisition for Olive Road from Brick Road to Adams Road. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto mutually covenant and agree as follows: Section I. Basic Services by ENGINEER The basic services to be provided by the ENGINEER under this Agreement are as set out in Appendix "A ", attached to this Agreement, and made an integral part hereof. Section II. Information and Services to be Furnished by the OWNER The information and services to be furnished by the OWNER are as set out in Appendix "B ", attached to this Agreement, and made an integral part hereof. Section III. Notice to Proceed and Schedule The ENGINEER shall begin the work to be performed under this Agreement immediately upon receipt of the written notice to proceed from the OWNER, and shall deliver the work to the OWNER in accordance with the Schedule contained in Appendix "C, attached to this Agreement, and made an integral part hereof. The ENGINEER shall not begin work prior to the date of the notice to proceed unless otherwise directed by the OWNER. Page 1 of 8 E Section IV. Compensation The ENGINEER shall receive payment for the work performed under this Agreement as set forth in Appendix "D ", attached to this Agreement, and made an integral part hereof. In accordance with IC 36 -1- 12.5- 5(d)(4), payments by the OWNER are subject to annual appropriation by its fiscal body. Section V. Additional Services of ENGINEER If authorized in writing by OWNER, ENGINEER shall furnish or obtain from others Additional Services of the types listed in Appendix "E ", attached to this Agreement, and made an integral part hereof. Section VI. General Provisions 1. Work Office The ENGINEER shall perform the work under this Agreement at the following office: DLZ Indiana, LLC 2211 East Jefferson Blvd. South Bend, IN 46615 2. Covenant Aqainst Contingent Fees The ENGINEER warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the ENGINEER, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the ENGINEER, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or. resulting from the award or making of this Agreement. For breach or violation of this warranty, the OWNER shall have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 3. Subletting and Assignment of Contract No portion of the work under this Agreement shall be sublet, assigned or otherwise disposed of, except with the written consent of the OWNER. Consent to sublet, assign or otherwise dispose of any portion of the work under this agreement shall not be construed to relieve the ENGINEER of any responsibility for the fulfillment of the Agreement. A subcontractor shall not subcontract any portion of its work under this Agreement. Page 2 of 8 4. Ownership of Documents All deliverable documents, including tracings, drawings, reports, estimates, specifications, field notes, investigations, studies, etc., as instruments of service, are to be the property of the OWNER upon payment of all sums due to the ENGINEER. The ENGINEER shall be entitled to keep copies. During the performance of the services, herein provided for, the ENGINEER shall be responsible for any loss or damage to the documents which he caused, herein enumerated, while they are in his possession and any such loss or damage shall be restored at his expense. Full access to the work during the progress of the work shall be available to the OWNER. 5. Access to Records The ENGINEER and his subcontractors shall maintain all books, documents, papers, accounting records and other evidence pertaining to the cost incurred and shall make such materials available at its respective offices at all reasonable times during the period of this Agreement and for three (3) years from the date of final payment under the terms of this Agreement, for inspection by the OWNER and copies thereof shall be furnished if requested. 6. Compliance with State and Other Laws The ENGINEER specifically agrees that in performance of the services herein enumerated by him or by a subcontractor or anyone acting in behalf of either, that he or they will comply with any and all State, Federal, and Local Statutes, Ordinances and Regulations and obtain all permits that are applicable to the entry into and the performance of this Agreement. This Agreement shall be interpreted and enforced according to the laws of the State of Indiana. ENGINEER acknowledges that it may be required to submit to an audit of funds paid through this Agreement. Any such audit shall be conducted in accordance with standards applicable to the Indiana State Board of Accounts. 7. Responsibility for Claims and Liabilities The ENGINEER shall be responsible for all damage to life and property due to negligent activities of the ENGINEER, his subcontractors, agents, or employees in connection with such services, and shall be responsible for all parts of his work both temporary and permanent. It is expressly understood that the ENGINEER shall indemnify and hold harmless the OWNER from claims, suits, actions, damages, and costs of every name and description to the proportionate extent arising out of or resulting from the negligent services of the ENGINEER under this Agreement, and such indemnity shall not be limited by reason of the enumeration of any insurance coverage hereinafter provided. Page 3 of 8 8. Status of Claims The ENGINEER shall be responsible for keeping the OWNER currently advised as to the status of any claims made for damages against the ENGINEER which are known resulting from services performed under this Agreement. The ENGINEER shall send notice of claims related to work under this Agreement to OWNER within thirty (30) days. 9. Workmen's Compensation and Liability Insurance The ENGINEER shall procure and maintain, until final payment by the OWNER for the services covered by this Agreement, insurance of the kinds and in the amounts hereinafter provided in insurance companies authorized to do such business in the State of Indiana covering all operations under this Agreement whether performed by him or by his subcontractor. The ENGINEER will not be given a notice to proceed until the ENGINEER has furnished a certificate or certificates in a form satisfactory to the OWNER, showing that this section has been complied with. During the life of this Agreement, the ENGINEER shall furnish the OWNER with certificates showing that the required insurance coverage is maintained. The certificate or certificates shall provide that the policies shall not be changed or canceled until ten (10) days written notice has been given to the OWNER. In the event that such written notice of change or cancellation is given, the OWNER may at its option terminate this Agreement and no further compensation shall in such case be made to the ENGINEER. The kinds and amounts of insurance required are as follows (A) Policy covering the obligations of the ENGINEER in accordance with the provisions of the Workmen's Compensation Law. This Agreement shall be void and of no effect unless the ENGINEER procures such policy and maintains it until acceptance of the work. (B) Comprehensive Policies of Bodily Injury Liability and Property Damage Liability Insurance, including OWNER'S or Contractor's Protective Coverage (naming the OWNER as an additional insured). Limits of liability to be not less than $500,000 for each person, including death at any time resulting therefrom, and not less than $1,000,000 in any one occurrence, and not less than $500,000 for all damages arising out of injury to or destruction of property or a combined single limit of $1,000,000. (C) Automobile Policies of Bodily Injury and Property Damage Liability Insurance of the types herein specified with bodily injury limits of liability of not less than $500,000 for each person, including death at any time resulting therefrom, and not less than $1,000,000 in any one accident, and not less than $500,000 for all damages arising out of injury to or destruction of property, including hired or non -owned vehicles, or a combined single limit of $1,000,000. Page 4 of 8 10. Progress Reports The ENGINEER shall submit a monthly Progress Report to the OWNER. 11. Changes in the Work In the event the OWNER requires changes in the work, after the work has progressed as directed by the OWNER, adjustments in compensation to the ENGINEER, and in time for performance of the work as modified, shall be determined by the OWNER in consultation with ENGINEER and the ENGINEER shall not commence the change of scope of the work until a supplemental agreement is executed within ninety (90) days of the change and the ENGINEER is authorized in writing by the OWNER. 12. Termination The obligation to provide further services under this Agreement may be terminated by either party upon thirty (30) days' written notice from receipt in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. If the services of this Agreement are terminated, the ENGINEER shall deliver to the OWNER all data, reports, drawings, specifications and estimates completed or partially completed and these shall become the property of the OWNER, provided the ENGINEER has been paid for work performed as defined in the remainder of this paragraph. The earned value of the work performed shall be based upon an estimate of the portions of the total services as have been rendered by the ENGINEER to the date of termination and which estimate shall be as made by the OWNER in consultation with ENGINEER for all services to be paid for on a lump sum basis. 13. Non - Discrimination Pursuant to I.C. 22- 9 -1 -10, the ENGINEER and his subcontractors, if any, shall not discriminate against any employee or applicant for employment, to be employed in the performance of the work under this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, color, religion, sex, handicap, national origin or ancestry. Breach of this covenant may be regarded as a material breach of the Agreement. 14. Limitation of Liabilitv No employee of the ENGINEER shall have individual liability to OWNER. OWNER agrees that, to the fullest extent permitted by law, ENGINEER's total liability to OWNER for any injuries, claims, losses, expenses or damages whatsoever arising out of or in any way related to the Project or this Agreement from any causes including, but not limited to, ENGINEER's negligence, error, omissions, strict liability, or Breach of contract shall not exceed the total compensation received by the ENGINEER under this Agreement. If OWNER desires a limit of liability greater than provided above, OWNER Page 5 of 8 and ENGINEER shall include in this Agreement the amount of such limits and the additional compensation to be paid the ENGINEER for the assumption of such risk. 15. Successors and Assignees The OWNER, insofar as authorized by law, binds itself and its successors, and the ENGINEER binds his successors, executors, administrators and assignees, to the other party of this Agreement and to the successors, executors, administrators and assignees of such other party, as the case may be insofar as authorized by law, in respect to all covenants of this Agreement. Except as above set forth, neither the OWNER nor the ENGINEER shall assign, sublet or transfer its or his interest in this Agreement without the consent of the other. 16. Supplements This Agreement may only be amended, supplemented or modified by a written document executed in the same manner as this Agreement. 17. Duration of Agreement If the basic services covered in this Agreement have not been completed by the Ready for Letting date defined in Appendix 'C' of this Agreement, through no fault of the ENGINEER, extension of the ENGINEER's services beyond that time shall be revised to include compensation for inflationary adjustments. 18. Owner indemnification The OWNER hereby agrees to indemnify, hold and save the ENGINEER harmless from and against any and all losses, damages, settlements, costs, charges, or other expenses or liabilities of every kind and character arising out of or relating to any and all claims, liens, demands, obligations, actions, proceedings, or causes of action of every kind and character arising out of the intentional misconduct and /or negligent acts or omissions of the OWNER, his directors, officers, and employees, for whose acts the OWNER is responsible under this agreement. Notwithstanding the foregoing, the OWNER shall not be required to indemnify the ENGINEER, its officers, agents, or employees against liability for damages arising out of injury to persons, theft, or loss or damage to property caused by or resulting from the negligence or intentional misconduct of the ENGINEER, its officers, agents, or employees. 19. Engineer Indemnification The ENGINEER hereby agrees to indemnify, hold and save the OWNER harmless from and against any and all losses, damages, settlements, costs, charges, or other expenses or liabilities of every kind and character arising out of or relating to any and all claims, liens, demands, obligations, actions, proceedings, or causes of action of every kind and character to the proportionate extent arising out of the intentional Page 6 of 8 misconduct and /or negligent acts or omissions of the ENGINEER, his directors, officers, and employees, for whose acts the ENGINEER is responsible under this agreement. Subject to any limit of liability established by this agreement. Notwithstanding the foregoing, the ENGINEER shall not be required to indemnify the OWNER, its officers, agents, or employees against liability for damages arising out of injury to persons, theft, or loss or damage to property caused by or resulting from the negligence or intentional misconduct of the OWNER, its officers, agents, or employees. The undersigned attests, subject to the penalties for perjury, that he is the contract party, or that he is the representative, agent, member or officer of the ENGINEER that he has not, nor has any other member, employee, representative, agent or officer of the firm, company, corporation or partnership represented by him, directly or indirectly, to the best of his knowledge, entered into or offered to enter into any combination, collusion or agreement to receive or pay, and that he has not received or paid, any sum of money or other consideration for the execution of this Contract other than that which appears upon the face of the Contract. IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement. ENGINEER: DLZ INDIANA, LLC J seph . Zwierzyns ci, P.E. P side t ATTEST: -S'ie" Brian M. Smith, P.E. Project Manager LI r CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Gary A. Gilot, P.E. Carl P. Littrell, P.E. Donald E. Inks ATTEST: Approved as to Legality and Form: Attorney for City of South Bend Page 7 of 8 ACKNOWLEDGMENT STATE OF INDIANA COUNTY OF ST. JOSEPH SS: Before me, the undersigned Notary Public in and for said County personally appeared Joseph C. Zwierzvnski. President and Brian M. Smith, Project Manager of DLZ Indiana, LLC, 2211 E. Jefferson Blvd., South Bend, IN 46615, and each a nowledg d the execution of the foregoing agreement on this day of 2010 and each acknowledged and stated that he is the party authohzed by the said firm to execute the foregoing agreement. Witness my hand and seal the said last named date. My Commission Expires: March 6, 2016 Connie J. Hume, ry Public County of Residence: St. Joseph STATE OF INDIANA ACKNOWLEDGMENT COUNTY OF SS: Before me, the undersigned Notary Public in and for said County personally appeared Gary A. Gilot, Carl P. Littrell and Donald E. Inks of the City of South Bend Board of Public Works and acknowledged the execution of the foregoing agreement on this day of .2010. Witness my hand and seal the said last named date. My Commission Expires: County of Residence: Notary Public APPENDIX "A" BASIC SERVICES BY ENGINEER A. The ENGINEER will provide the field survey required for preparation of design plans for the Project in conformance with the requirements of the Indiana Department of Transportation Design Manual, Part Ill, Location Surveys, a copy of which is on file with the ENGINEER and same is incorporated herein by reference and is made a part hereof. 1. Necessary field survey will include: a. Complete topographic data along Olive Road extended north from Brick Road to Adams Road, approximately 5,600 feet in length. Width of the topographic survey varies as shown in Exhibit A. Complete topographic data along Brick Road and Adams Road extended 300 feet either side of Olive Road. Width of the topographic survey is 100 feet both sides of the existing centerline. b. Establish and reference alignments along each surveyed line. Set and Reference control points at 500 foot intervals. Set Vertical Bench Marks at both ends of the project limits and at 500 foot intervals. C. Locate surface evidence of buried utilities and utility lines, if marked by others. Indiana Plant Protection to be contacted for locate. Locate manholes, inlets and provide pipe sizes and invert elevations, for any sewer entering or crossing the proposed survey limits. Locate drainage structures under roadways and driveways, including types and inverts. d. Property lines and right of ways will be placed on topography using existing property irons, and other evidence found together with subdivision plats and last deed of record, if available. Right of way is expected to be acquired for this project. A Location Control Route Survey Plat will be prepared for each Phase. B. The Project, as described herein, shall consist of the following: 1. Design of Olive Road, for Alignment Planning (30% Design), extended north from Brick Road to Adams Road, approximately 5,600 feet in length (see Exhibit A). The design shall include a four -lane roadway with median and mutil -use trail along the east side. The design speed of Olive Road will be 40 mph. 2. Prepare Concept/Master plan for Linear drainage utilizing low impact design along the Olive Road Corridor. 3. Prepare a 30% conceptual design of the reconfigured intersection of Olive Road and Adams Road. 4. Prepare a 30% conceptual design of the reconfigured intersection of Olive Road and Brick Road. 1 of 4 Appendix "A" C. The ENGINEER shall perform the following services: 1. The ENGINEER shall perform the design of this Project on the basis that the project shall be funded with local construction funds. Design changes due to alternate funding of the project shall be considered Additional Services, which shall be covered in Appendix "E" of this agreement. 2. The project will be designed in English units and in accordance with the following references, policies and guidelines: • City of South Bend Standards and Specifications • A Policy on Geometric Design of Highways and Streets, American Association of State Highway and Transportation Officials. • Roadside Design Guide, American Association of State Highway and Transportation Officials. • Standard Specifications, Indiana Department of Transportation. • Road and Bridge Memoranda, Indiana Department of Transportation • Design Manuals — Part 1, 11, V, and VII to IX, INDIANA Department of Transportation. Indiana Manual on Uniform Traffic Control Devices for Streets and Highways, (IMUTCD). 3. The ENGINEER shall prepare (1) one set of 30% Review Plans and a preliminary statement of probable construction cost for the OWNER'S review and comment. 4. When authorized by the OWNER, the ENGINEER shall: a. Order a title and encumbrance report for each parcel from which there will be a taking. b. Prepare a plat and legal description for each parcel of right of way to be acquired, both permanent and temporary. C. Order title and encumbrance updates, as required. Any modifications to the appraisal price or changes in the plans recommended during negotiations must be approved by the OWNER. 5. After approval of the 30% Plans, the ENGINEER, shall: a. When specifically authorized by the OWNER, the ENGINEER shall engage, as subconsultants, two appraiser(s) and cause each acquisition parcel to be appraised by each appraiser. The appraiser shall determine the type of appraisal required and submit this to the ENGINEER for approval prior to beginning the appraisals. All such appraisals shall be reviewed by the ENGINEER and then forwarded to the OWNER for review. b. When the appraiser advises that he requires the right of way taking to be staked so that the appraisal process can proceed, the ENGINEER will mark the point where the new right of way line crosses each property line and will mark each property corner within the proposed taking. When directed, the ENGINEER will stake the existing right of way lines to assist the property owner to 2 of 4 Appendix "A" visualize the amount of proposed property to be acquired. Points will be marked by stake. Tacking accuracy is not required. C. Upon approval of the appraisals and when specifically authorized by the OWNER, the ENGINEER shall contact each parcel owner and make an offer to purchase the required property. The ENGINEER may utilize a member of the ENGINEER's staff for this purpose, or may engage a professional buyer as a subconsultant. d. The ENGINEER shall coordinate the Right of Way appraising and buying for the project. This work will include providing status reports to the OWNER on a monthly basis, deliver the compensation to the property owners and maintaining parcel files which include the title work, appraisals, buying files, plats, legal descriptions and other incidental information to the affected parcel. e. The OWNER must approve any modifications to the appraisal price or changes in the plans recommended during negotiations. 6. Upon completion and final approval of the work by OWNER, the ENGINEER shall deliver to the OWNER the following, which shall become the property of the OWNER: a. One (1) - Copy of final 30% plans drawn to a suitable scale on standard 24" x 36" sheets. b. One (1) - Set (copy) of all electronic survey field notes (Transit & Level Notes), section plats, and subdivision plats for all surveys the ENGINEER has performed on the project. The field notes will be provided to the OWNER via a computer diskette and a hard copy of electronic field survey data in ASCII format and an AUTO -CAD drawing of the topographic survey. A copy of any other supporting conventional survey data will also be provided in approved Engineer Field Book(s). 7. Geotechnical Services a. The ENGINEER shall make or cause to be made, geotechnical investigations. b. Prior to making the borings, the ENGINEER shall submit boring specifications and boring location sketches for approval by the OWNER. Borings shall extend sufficiently in depth to obtain characteristic data for the proper design of pavement and sewers as well as percolation rates. The ENGINEER shall backfill bore holes or cause to be backfilled in accordance with Aquifer Protection Guidelines, dated October 30, 1996. C. The ENGINEER will complete Six (6) soil borings at twenty (20) feet in depth. d. A copy of the finalized boring logs will be provided for OWNER review. 3of4 Appendix "A" D. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER's schedule, character of construction or method of financing; and revising previously accepted studies, reports, design documents or Contract Documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports, or documents, or are due to any other causes beyond ENGINEER's control, shall require a change in work as provided by Section VI - General Provisions, Paragraph 11 titled "Changes in Work ". 4of4 Appendix "A" APPENDIX "B" INFORMATION AND SERVICES TO BE FURNISHED BY THE OWNER The OWNER shall do the following in a timely manner so as not to delay the services of the ENGINEER: 1. Designate in writing a person to act as the OWNER's representative with respect to the services to be rendered under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to the ENGINEER's services for the Project. 2. Provide all criteria and full information as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations. 3. Furnish all specifications and standard drawings applicable to'the project and all criteria for design and details including, but not limited to, signage, highways, structures, grades, curves, sight distances, clear zones, clearances and design loadings. 4. Assist the ENGINEER by placing at ENGINEER's disposal all available information pertinent to the Project including, but not limited to, the following: a. Previous reports and any other data relative to design or construction of the project. b. Available data from the transportation planning process. C. Utility plans available to the OWNER. 5. Furnish to ENGINEER, as required for performance of ENGINEER's Basic Services (except to the extent provided otherwise in Appendix "A ") the following: a. Data prepared by or services of others and appropriate professional interpretations of such. b. All written views pertinent to the location and environmental studies that are received by the OWNER. 6. Arrange for access to and make all provisions for ENGINEER and/or Subcontractors to enter upon public and private property as required to perform services under this Agreement. 7. Furnish approvals and necessary permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. Permit fees shall be paid by OWNER at time of submission of said applications. 1 of 2 Appendix "B" Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by ENGINEER, obtain advice of attorney, insurance counselor and other consultants as OWNER deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER. Furnish all legal services as may be required for the development of the project. 10. Provide written approval of completed work phases as described in Appendix "A" of this Agreement. Accomplish reviews and provide written approvals in a timely manner. 11. Furnish, or direct ENGINEER to provide, Additional Services as stipulated in Appendix "E" of this Agreement or other services as required. (The remainder of this page intentionally left blank) 2 of 2 Appendix "B" APPENDIX "C" SCHEDULE All work by the ENGINEER under this Agreement shall be completed and delivered to the OWNER as follows, exclusive of OWNER's review. A. Field Survey completed within 60 calendar days after receipt of the Notice to Proceed and removal of last field crops. B. Alignment Planning (30% Plans) completed within 90 calendar days of receiving Field Survey. C. Right -of -Way Engineering 1. Title Work within 45 calendar days after NTP. 2. R/W engineering, plats and legal descriptions within 60 calendar days after OWNER approval of right of way. D. R/W Acquisition 1. Appraisals within 45 calendar days after receipt of completion of the title work and approval of right of way by City. 2. An offer to purchase property will be made within 45 calendar days after receipt of approved and reviewed appraisals. Buying is anticipated to take up to approximately 180 days. The right of way footprint will be secured by approximately November 2011, based on a notice to proceed by September 27, 2010. 1 of 1 Appendix "C" APPENDIX "D" COMPENSATION A. Amount of Payment 1. The ENGINEER shall receive as payment for the work performed under this Agreement the total fee not to exceed of $190,500.00 unless a modification of agreement is approved in writing by the OWNER. 2. The ENGINEER will be paid for the work performed under Appendix "A" of this Agreement on a Lump Sum basis in accordance with the following schedule, except as noted in the items below: * Items A.2.d., and f. are reimbursable items that will be performed by a Subconsultant. The amount shown is estimated only. The ENGINEER shall receive as payment the actual cost incurred by the ENGINEER multiplied by a factor of 1.20. The final amount shall not exceed the cost shown above unless and until a supplemental agreement is executed. Toll telephone calls, printing, mailing, FAX costs required for the permits enumerated hereinabove will not be reimbursable expenses and the costs thereof are included in the itemized costs as shown herein in Appendix "D ", Section 2. The cost of permit application /regulatory fees, out -of -town travel and reproduction costs will be considered as a reimbursable expense. The ENGINEER shall not be paid for any services performed by the OWNER or not required to develop this project. 3. For those services performed by the ENGINEER which are included in the itemized costs, as shown herein in Appendix "D ", Section A.2 as an 1 of 4 Appendix "D" Description Amount a. Field Survey, Including Location Control Route Survey Plat $33,000.00 b. 30% Roadway Design and Plans $87,000.00 c. Master Plan for Linear Drainage $5,500.00 d. Title Encumbrance Reports and Updates, as required (4 Parcels @ $425 Each ) * $1,700.00 e. R/W Engineering 4 Parcels @ $3,000 Each $12,000.00 f. Appraising 1 st & 2nd Appraisals - 8 Appraisals @ $2,400 Each $19,200.00 g. RAN Coordination & Buying, 4 Parcels @ $3,650 Each $14,600.00 h. R/W Staking, as required 4 Parcels @ $750 Each $3,000.00 i. Geotechnical Services $14,500.00 TOTAL $190,500.00 * Items A.2.d., and f. are reimbursable items that will be performed by a Subconsultant. The amount shown is estimated only. The ENGINEER shall receive as payment the actual cost incurred by the ENGINEER multiplied by a factor of 1.20. The final amount shall not exceed the cost shown above unless and until a supplemental agreement is executed. Toll telephone calls, printing, mailing, FAX costs required for the permits enumerated hereinabove will not be reimbursable expenses and the costs thereof are included in the itemized costs as shown herein in Appendix "D ", Section 2. The cost of permit application /regulatory fees, out -of -town travel and reproduction costs will be considered as a reimbursable expense. The ENGINEER shall not be paid for any services performed by the OWNER or not required to develop this project. 3. For those services performed by the ENGINEER which are included in the itemized costs, as shown herein in Appendix "D ", Section A.2 as an 1 of 4 Appendix "D" "Hourly Rate ", the ENGINEER will be paid on the basis of actual hours of work performed by essential personnel exclusively on this Agreement at the rates identified in Exhibit B for each classification of employee. 4. The ENGINEER shall receive as payment from the OWNER for the Additional Services rendered under Appendix "E" of this Agreement as follows: a. For Additional Services of ENGINEER's principals and employees engaged on the project, except services to appear as a consultant or witness, on the basis of the employee classification hourly rate and all Reimbursable Expenses incurred in connection with all Additional Services in accordance with the ENGINEER's fee structure attached as Exhibit B to this Agreement and made an integral part hereof. b. For services and Reimbursable expenses of independent professional associates and consultants employed by ENGINEER to render Additional Services, the amount billed to ENGINEER therefore times a factor of 1.20. C. For services rendered by ENGINEER's principals and employees to appear as consultants or witnesses in any litigation, arbitration or other legal or administrative proceeding, except for time spent in preparing to appear in any such litigation, arbitration or proceeding, at the rate of $2,500.00 per principal or employee per day or any portion thereof. d. The hourly rates, which are attached as Exhibit B and used as a basis for payment, mean salaries and wages (basic and incentive) paid to all ENGINEER's personnel engaged directly on the project, including, but not limited to, engineers, architects, surveyors, planners, designers, draftsmen, specification writers, estimators, other technical and business personnel, and include the cost of customary and statutory benefits including, but not limited to, social security contributions, unemployment, excise and payroll taxes, worker's compensation, health and retirement benefits, sick leave, vacation and holiday pay, other group benefits, overhead expenses and profit. e. Reimbursable Expenses mean the actual expenses incurred by ENGINEER or ENGINEER's independent professional associates or consultants, directly or indirectly in connection with the project, such as expenses for: transportation and subsistence incidental thereto; obtaining bids for proposals from Contractor(s), overnight mail, facsimile (FAX) transmittals, toll telephone calls and telegrams; reproduction of reports, drawings, specifications, bidding documents, and similar project related items in addition to those 2 of 4 Appendix "D" required under Appendix "A "; and, if authorized in advance by the OWNER, overtime work requiring higher than regular rates. B. Method of Payment for Design Services 1. The ENGINEER may submit a maximum of one invoice voucher per calendar month for work covered under this Agreement. The invoice voucher shall be submitted to the OWNER. The invoice voucher shall represent the value, to the OWNER, of the partially completed work as of the date of the invoice voucher. The ENGINEER shall attach thereto a summary of each pay item in Section A.2 of this Appendix, percentage completed and prior payments. 2. The OWNER, for and in consideration of the rendering of the engineering services provided for in Appendix "A ", agrees to pay to the ENGINEER for rendering such services the fees established above in the following manner: a. The amount invoiced based upon percent complete or the contract unit price, except that: 1. The maximum payment for road design and plans shall be in accordance with the following schedule: a.) Final 30% Alignment Plans 100% 2. Payment for any item not otherwise set out herein shall be made based upon percentage of completion. 3. The OWNER, for and in consideration of the rendering of the engineering services provided for in Appendix "A ", agrees to pay the ENGINEER for rendering such services the fee established above upon completion of the work thereunder and acceptance thereof by the OWNER. 4. The OWNER, for and in consideration of the rendering of the additional services provided in Appendix "E ", agrees to pay the ENGINEER for rendering such services the payments established above upon completion of the work thereunder and acceptance thereof by the OWNER. 5. If design changes are required during construction due to design errors in the final plans or specifications, the ENGINEER will make such necessary design changes without additional cost to the OWNER. However, if design changes are required during construction which are occasioned by changed conditions or conditions which could not have been reasonably foreseen by the ENGINEER prior to construction, the ENGINEER will be paid for such modifications on the basis of actual hours of work performed by essential personnel exclusively on this contract at the employee hourly rate in accordance with the ENGINEER's fee structure attached as Exhibit B to this Agreement. 3 of 4 Appendix "D" 6. If OWNER fails to make any payment due ENGINEER for services and expenses within thirty (30) days after receipt of ENGINEER's statement therefore, the ENGINEER may, after giving seven (7) days' written notice to OWNER, suspend services under this Agreement until ENGINEER has been paid in full all amounts due for services, expenses and changes. 7. In the event of a substantial change in scope, character or complexity of the work on the project, the maximum fee payable and the specified fee shall be adjusted in accordance with Section VI, Paragraph 11 of this Agreement. HIM, Appendix T" APPENDIX "E" ADDITIONAL SERVICES OF ENGINEER A. If authorized in writing by the OWNER, ENGINEER shall furnish or obtain from others Additional Services of the types listed in the following paragraphs. These services are not included as part of the basic services of the ENGINEER except to the extent provided otherwise in Appendix "A ". These Additional Services will be paid for by the OWNER as indicated in Appendix "D ". Preparation of applications and supporting documents for private or governmental grants, loans or advances in connection with the project; preparation or review of environmental assessments and impact statements; review and evaluation of the effect on the design requirements of the project of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the project except as specifically set out in Appendix "A" and Appendix "C ". 2. Providing renderings or models for OWNER's use 3. Furnishing services of independent professional associates and consultants. 4. Services during out -of -town travel required of ENGINEER other than visits to the site or OWNER's office. 5. Assistance in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or services. Preparation of revised bid documents for rebidding in the event that bids as received are rejected. 6. Preparation of operating, maintenance and staffing manuals. 7. Preparing to serve or serving as a consultant or witness for OWNER in any litigation, arbitration or other legal or administrative proceeding involving the project. Additional Services in connection with the project, including services which are to be furnished by OWNER in accordance with Appendix "B" and services not otherwise provided for in this Agreement. 9. Services to make measured drawings of or to investigate the accuracy of drawings or other information furnished by the OWNER. 1 of 2 Appendix "E" 10. Preparation of an Engineer's Report. 11. Wetland delineations or determinations. 12. Holding and /or preparation of presentation material for a public meeting. 13. Preparation of Final Construction Plans. 14. Providing Bidding Services. 15. Preparation of Environmental Document. 16. Utility Coordination. 17. Permitting. 18. Securing Right of Entry or Condemnation of parcels. 19. Retaining Wall Design. 20. Signal Design. 21. Construction Phase Services. (The remainder of this page intentionally left blank) 2of2 Appendix "E" 1 Exhibit B DLZ INDIANA, LLC STANDARD FEE STRUCTURE ENGINEERING /ARCHITECTURAL 2010 Activity Code Em to ee Classification 2010 Hourly Rate 1 Principal $220.00 49 Division Manager (Chief Engineer) $175.00 50 Department Manager $160.00 55 Registered Land Surveyor $130.00 21 Project Manager $135.00 214 Senior Right-of-Way Engineer $135.00 53/58 Engineer III/Architect III/Landscape Architect HP Planner III/Scientist III/Geologist III $122.50 52/57 Engineer II/Architect II/Landscape Architect IF Planner II/Designer IIUScientist II/Geologist II $112.50 51/56 Engineer I/Architect I/Landscape Architect U Planner F Designer II/Scientist FGeolo ist I $90.00 28 Designer 1 $75.00 29 Technician $65.00 147 Construction Administrator $105.00 152 Construction Observer $85.00 43 Clerical $50.00 Reimbursable E enses Crew Classi acation 2010 -- Hourly Rate 143/99/99 3 — person Survey Crew $182.50 142/99 142/99 Topographic Survey Crew (straight time) Topographic Survey Crew over time $145.00 $220.00 63 1— person Field Crew $100.00 63 1 — person Field Crew over time $140.00 GPS 1 — person GPS/RTK Field Crew $160.00 13 Field Survey Technician $52.50 Reimbursable E enses Rate Mileage (Outside of St. Joseph County) $0.445 /mile Travel Expenses Cost Living Expenses Cost Reproduction Refer to Paragraph A.4.b of Appendix D Subconsultants Refer to Para a h A.4.b of Appendix D E ui ment Rental Refer to Paiagra h A.4.b of A endix D Rates are subject to revision on January 1, 2011. Cost of livinglinflation increases of 3 to 7% per annum can be anticipated. 5:\nept\Administrative \Clerical \RATES \2W9REV Hourly Rates dm 4 &- (-!) �Community & Economic Development 1200 County -City Building, 227 West Jefferson, South Bend, Indiana 46601 -1830 Phone 574/235 -9371 Fax 574/235 -9021 To: Redevelopment Commission From: Bill Schalliol, Economic Development Planner_p,--,S�_ Subject: Resolutions 2772 and 2773 Setting Acquisition Offering Price for 1503 and 1505 Prairie Avenue Date: September 14, 2010 Attached are Resolutions 2772 and 2773 which set the acquisition offering price for the acquisition of property located at 1503 and 1505 Prairie Avenue within the Airport Economic Development Area. The subject property was added to the Airport Economic Development Area Acquisition List by Resolution No. 2668 on May 21, 2010. Resolutions 2772 and 2773 The proposed acquisition properties are located at 1503 and 1505 Prairie Avenue immediately west of the main Ignition Park campus. The properties contain a total of two buildings and are commercial - industrial in nature. The properties are generally under common ownership and are looking to be sold as a package although based on ownership issues (land held in land trusts) will need to be dealt with separately. Resolution 2772 is for 1503 Prairie Avenue which contains a two story industrial building built approximately in 1907 and added onto in the rear at a later point. The building is in questionable shape and sits adjacent to the railroad spur line and is on 1.82 acres of land. The average acquisition offering price is $205,000.00 based upon the average of two appraisals. Resolution 2773 is for 1505 Prairie Avenue which contains a single story metal building built in 1992. The parcel derives its access from 1503 Prairie and is approximately .37 acres in size. The average acquisition offering price is $65,000.00 based upon the average of two appraisals. Both of these buildings will be bought in a vacant, as -is condition and will both be proposed for demolition upon acquisition. Staff requests favorable approval of these resolutions. What We Do Today Makes A Difference! x JLI L Ll LJ O Z Q � N M ono Q C C a OQN o LO e� � a� 0 tolvft" i RESOLUTION NO. 2772 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION RELATED TO ACQUISITION OF PROPERTY IN THE AIRPORT ECONOMIC DEVELOPMENT AREA WHEREAS, under the authority granted by Indiana Code § 36 -7 -14, et seq. and in furtherance of the Airport Economic Development Area Plan ( "Plan "), the South Bend Redevelopment Commission ( "Commission ") has determined that it is necessary to acquire unencumbered fee simple interest in certain property located within the area heretofore designated as the Airport Economic Development Area (the "Area ") within the City of South Bend, Indiana (the "City "), which property is more particularly described at Exhibit A attached hereto and incorporated herein ( "Property "); and WHEREAS, on May 21, 2010, the Commission adopted Resolution No. 2668 amending the Plan and adding the Property to the Area's acquisition list; and WHEREAS, two (2) independent appraisals of the Property have been obtained in accordance with Indiana Code § 36- 7- 14- 19(b), which provide an initial offering price of $205,000.00 (the "Acquisition Offering Price "); and WHEREAS, the Commission now desires to authorize its authorized agents, hired for such purposes, or the staff of the Commission to provide and negotiate an offer for the Purchase of the Property in accordance with Indiana Code § 36- 7- 14 -19, which may include relocation costs and the Commission's payment of expenses incidental to the conveyance and determination of the title of the Property; and WHEREAS, the Commission finds that all procedures necessary for authorizing and acquiring the Property have been completed in accordance with Indiana law; NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment Commission that: 1. Authorized agents of the Commission and the staff of the Commission are hereby authorized and directed to cause a purchase offer to be made in writing to the owner(s) of the Property as described at Exhibit A at the Acquisition Offering Price in accordance with Indiana Code § 36- 7- 14-19, which offer or process may include relocation costs and the payment of expenses incidental to the conveyance and determination of the title of the Property. 2. The Commission's agents and attorneys are hereby authorized and directed to negotiate and prepare documentation necessary to accomplish the acquisition of the Property in accordance with this Resolution and in a form acceptable to legal counsel. 3. The Commission hereby ratifies any actions of its staff or legal counsel previously taken consistent with the authority provided in Section 1 or 2 hereof. Notwithstanding the foregoing, no representations, contract or understanding relative to the purchase of the Property, whether made by a Commissioner, employee or other agent or official, is binding against the Commission until approved and accepted by the Commission in writing. The Commission hereby accepts, in advance, any purchase of the Property pursuant to a uniform acquisition offer set forth at Indiana Code § 32 -24-1- 5 (or a purchase offer deemed by legal counsel to be substantially similar to said Uniform Acquisition Offer, which may include the payment of expenses incidental to the conveyance and determination of title). 4. Commission staff members are authorized to execute on behalf of the Commission any documents necessary to carry out the intent of this resolution. ADOPTED at a Regular Meeting of the South Bend Redevelopment Commission held onSeptember 17, 2010, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT Signature Printed ame and it e South Bend Redevelopment Commission ATTEST: rime ame an it e South Bend Redevelopment Commission EXHIBIT A PROPERTY DESCRIPTION AND ACQUISITION OFFERING PRICE Acquisition Tax Key No. Address Owner Offering Price 18- 8052 -2114 1503 Prairie Avenue Indiana Land Trust $205,000.00 1503 RESOLUTION NO. 2773 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COI RELATED TO ACQUISITION OF PROPERTY IN THE AIRPORT ECONOMIC DEVELOPMENT AREA WHEREAS, under the authority granted by Indiana Code § 36 -7 -14, et seq. and in furtherance of the Airport Economic Development Area Plan ( "Plan "), the South Bend Redevelopment Commission ( "Commission ") has determined that it is necessary to acquire unencumbered fee simple interest in certain property located within the area heretofore designated as the Airport Economic Development Area (the "Area ") within the City of South Bend, Indiana (the "City "), which property is more particularly described at Exhibit A attached hereto and incorporated herein ( "Property "); and WHEREAS, on May 21, 2010, the Commission adopted Resolution No. 2668 amending the Plan and adding the Property to the Area's acquisition list; and WHEREAS, two (2) independent appraisals of the Property have been obtained in accordance with Indiana Code § 36- 7- 14- 19(b), which provide an initial offering price of $65,000.00 (the "Acquisition Offering Price "); and WHEREAS, the Commission now desires to authorize its authorized agents, hired for such purposes, or the staff of the Commission to provide and negotiate an offer for the Purchase of the Property in accordance with Indiana Code § 36- 7- 14-19, which may include relocation costs and the Commission's payment of expenses incidental to the conveyance and determination of the title of the Property; and WHEREAS, the Commission finds that all procedures necessary for authorizing and acquiring the Property have been completed in accordance with Indiana law; NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment Commission that: 1. Authorized agents of the Commission and the staff of the Commission are hereby authorized and directed to cause a purchase offer to be made in writing to the owner(s) of the Property as described at Exhibit A at the Acquisition Offering Price in accordance with Indiana Code § 36- 7- 14-19, which offer or process may include relocation costs and the payment of expenses incidental to the conveyance and determination of the title of the Property. 2. The Commission's agents and attorneys are hereby authorized and directed to negotiate and prepare documentation necessary to accomplish the acquisition of the Property in accordance with this Resolution and in a form acceptable to legal counsel. 3. The Commission hereby ratifies any actions of its staff or legal counsel previously taken consistent with the authority provided in Section 1 or 2 hereof. Notwithstanding the foregoing, no representations, contract or understanding relative to the purchase of the Property, whether made by a Commissioner, employee or other agent or official, is binding against the Commission until approved and accepted by the Commission in writing. The Commission hereby accepts, in advance, any purchase of the Property pursuant to a uniform acquisition offer set forth at Indiana Code § 32 -24 -1- 5 (or a purchase offer deemed by legal counsel to be substantially similar to said Uniform Acquisition Offer, which may include the payment of expenses incidental to the conveyance and determination of title). 4. Commission staff members are authorized to execute on behalf of the Commission any documents necessary to carry out the intent of this resolution. ADOPTED at a Regular Meeting of the South Bend Redevelopment Commission held onSeptember 17, 2010, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT Printed ame and Title South Bend Redevelopment Commission ATTEST: Printed Name and Tille South Bend Redevelopment Commission EXHIBIT A PROPERTY DESCRIPTION AND ACQUISITION OFFERING PRICE Acquisition Tax Key No. Address Owner Offering Price 18- 8052- 2114.01 1505 Prairie Avenue Indiana Land Trust $65,000.00 3051 eUUT Community & Economic Development" _. 1200 County -City Building, 227 West Jefferson, South Bend, Indiana 46601 -1830 Phone 574/235 -9371 Fax 574/235 -9021 To: Redevelopment Commission From: Bill Schalliol, Economic Development Planner Dv� Subject: Ignition Park streetscape improvement Lafayette/Transpo sidewalk reimbursement request Date: September 14, 2010 As part of the site planning and coordination work with Transpo and its relocation of its headquarter facility to Ignition Park, city staff was actively involved with the various design team members on the site planning aspects of their project. As the Transpo project was the first main piece of development to occur in the larger Ignition Park planning area, it was important that their project helped to set the tone and to reinforcement design elements that would be proposed for the larger development area. One of the long term elements proposed to be incorporated into the Ignition Park area is a series of pedestrian ways that will provide both internal and external pedestrian circulation throughout the area. As the City has demolished property along Lafayette (specifically 1202 S Lafayette and in the future the former Air Gas and Ziolkowski properties), new sidewalk sections have been incorporated as part of the project that meet or exceed current City standards. Along the west side of Lafayette, it is proposed that an 8' wide pedestrian section will be built from Indiana Avenue to Sample Street. At present, Transpo has completed its portion of the expanded walkway section and it is anticipated that the section will be extended later this year with demolitions at the Ziolkowski site. The reason for this staff report is that the City, and more specifically the Redevelopment Commission, has been asked to partner in the cost difference for the improved sidewalk section along the Transpo site. City standard requires the construction of 4' sidewalk along a newly developed property. Transpo had proposed to develop a 5' section from Indiana to Stull, but at the request of the City, and in an effort to help meet the new standard for Lafayette, Transpo bid and installed an 8' section. The difference between the 5' section and the 8' section is $15,143.00. The request for reimbursement to aid the City in creating a new city standard along this corridor is VERY reasonable at the $15,143.00 amount. If Transpo had installed a 5' segment, and the City had wanted to later come back and install the wider segment, the cost would be much higher and would have caused major site disruption to Transpo. Staff requests favorable approval of this request to reimburse Transpo for their additional expense of $15,143.00 for expanded sidewalks along their property. What We Do Today Makes A Difference! May 25, 2010 Ms. Ann E. Kolata Senior Redevelopment Specialist Community & Economic Development City of South Bend 227 West Jefferson Boulevard South Bend, IN 46601 Re: Widening of Sidewalk Cost TRANSPO Project Dear Ann: I am writing this letter to you at the request of the South Bend Public Transportation Corporation and as a follow -up to a conversation several months ago with Mr. Bill Schalliol during the TRANSPO bidding process. Bill and several others had an opportunity to review the site documents for the project and requested that the sidewalks along Indiana Avenue and Lafayette Boulevard be widened from a 5' to 8' width to be consistent with the proposed planning for the remainder of Ignition Park. The thinking was for a wider and easier path for pedestrian transportation around the site and a more upscale look. Since this widening was above and beyond the normal City requirements, Bill also indicated that the City would consider paying for the widening of the sidewalk. During the course of bidding, an alternate was accepted in the amount of $18,700.00 for the widening for these two (2) stretches of sidewalk. As construction progressed, it was determined that it would not be feasible to widen the Indiana Avenue sidewalk to 8' since it would eliminate any kind of tree lawn along Indiana Avenue. This question was mentioned to both Toy Villa and Bill Schalhol with their response being that a 5' walk should be utilized along Indiana Avenue. We, therefore, asked the Contractor, The Robert Henry Corporation, to provide TRANSPO a credit for not widening Indiana Avenue which amounts to $3,557.00. The total amount that TRANSPO is paying for the sidewalk along Lafayette Street is $15,143.00. I was asked to write this letter to you as a means of opening discussions regarding this matter between the City and TRANSPO. Please review this information and contact Mr. William "Rick" Brown, General Manager of TRANSPO, to discuss this further. Your assistance with this matter is greatly appreciated. Sincerely, George F. W. Weber III, AIA Partner kk FORUM ARCHITECTS, LLC 122S. Michigan St., Suite 200 • South Bend, IN 46601 • Phone: 574.233.2119 • Fax: 574.288.0924 • w .fommarchitectsllc.com E LLI) RESOLUTION NO. 2775 A RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION RATIFYING THE EXECUTION OF DOCUMENTS ON BEHALF OF THE CITY OF SOUTH BEND, INDIANA, DEPARTMENT OF REDEVELOPMENT (IVY TECH DONATION) WHEREAS, the South Bend Redevelopment Commission (the "Commission ") is the governing body of the City of South Bend Department of Redevelopment (the "Department') established under the Redevelopment of Cities and Towns Act of 1953, as amended, being Indiana Code § 36- 7 -14 -1 et seq. (the "Act'); and WHEREAS, the Commission approved the donation of real estate generally known as 412 E. Sample Street (the "Real Estate ") to Community Enterprises Properties, LLC (the "Donee "), on behalf of Ivy Tech Community College of Indiana; and WHEREAS, as a result of such approval, staff members of the Commission caused to be prepared certain documents in compliance with the approved donation of said Real Estate; and WHEREAS, the transaction was closed at the offices of Meridian Title in South Bend during which closing, staff member David Relos executed those documents necessary to effect the donation of the Real Estate to the Donee; NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND REDEVELOPMENT COMMISSION AS FOLLOWS: 1. The Commission hereby ratifies the actions taken by David Relos in executing those documents necessary to effect the donation of the Real Estate to Community Enterprises Properties, LLC, on behalf of Ivy Tech Community College of Indiana as approved by the Commission. 2. This Resolution shall be in full force and effect after its adoption. ADOPTED at a meeting of the South Bend Redevelopment Commission held on September 17, 2010, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT Signature Printed Name and Title South Bend Redevelopment Commission ATTEST: Printed Name and na, South Bend Redevelopment Commission Community & Economic Development" € 1200 County -City Building, 227 West Jefferson, South Bend, Indiana 46601 -1830 Phone 574/235 -9371. Fax 574/235 -9021 To: Redevelopment Commission; Board of Public Works From: Bill Schalliol, Economic Development Planner Subject: Resolution 2769 and Addendum To Master Agency Agreement Erskine Detention Pond Reconstruction - Construction Project Date: September 14, 2010 Attached to this memorandum is Resolution 2769 and Addendum To Master Agency Agreement for the Erskine Detention Pond Reconstruction - Construction Project. Attached to the Addendum is a copy of the bid tabulation sheet for project construction bids opened by the Board of Works at their meeting on Monday, September 13, 2010. For the past several years, staff has been working to develop and design an appropriate drainage solution for the central section, located adjacent to the intersection of Ireland and Miami, of the Erskine Hills Shopping District. The Erskine Detention Pond Reconstruction - Construction Project will rebuild the existing pond structures located north of the Erskine Plaza shopping center and will help to alleviate downstream flooding, overflow into the combined storm sewer network and will be a functional and aesthetic upgrade in the central section. Another piece of the project will be to continue a pedestrian way along the west side of Miami that will connect Ireland to Bowen Street. The bid cap range for the project is $1,250,000.00. After a review of the project requirements and the bid documents, a contract will be awarded for this project. Staff requests approval of Resolution 2769 and the Addendum To Master Agency Agreement for the Erskine Detention Pond Reconstruction - Construction Project. What We Do Today Makes A Difference! RESOLUTION NO. 2769 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION APPROVING AND AUTHORIZING THE EXECUTION OF AN ADDENDUM TO THE MASTER AGENCY AGREEMENT (Erskine Detention Pond Reconstruction - Construction Project) WHEREAS, effective January 1, 2010, the South Bend Department of Redevelopment, acting by and through its Redevelopment Commission (the "Commission ") and the South Bend Board of Public Works (the "BPW ") entered into a Master Agency Agreement which authorized the BPW to act as agent for and on behalf of the Commission for certain projects during 2010; and WHEREAS, pursuant to the Master Agency Agreement, the Commission desires to add the Erskine Detention Pond Reconstruction - Construction Project ( #110 -056) to the Master Agency Agreement by way of this Addendum. NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment Commission as follows: Section 1. The Commission hereby approves the Addendum to Master Agency Agreement (Erskine Detention Pond Reconstruction - Construction Project) and hereby authorizes its execution in substantially the form attached hereto with such. changes as the Commission may deem necessary or appropriate upon the advice of counsel, said execution thereof to be conclusive evidence of the Commission's approval of such changes. The Clerk is hereby directed to file a copy of the Addendum with the BPW. Section 2. This Resolution shall be in full force and effect after its adoption by the Commission. Section 3. Commission staff members are authorized to execute on behalf of the Commission any documents necessary to carry out the intent of this resolution. ADOPTED at a meeting of the South Bend Redevelopment Commission held on September 17, 2010, at 10:00 a.m., in Room 1308, County -City Building, South Bend, Indiana 46601. CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT South Bend Redevelopment Commission ATTEST: South Bend Redevelopment Commission ADDENDUM TO MASTER AGENCY AGREEMENT (Erskine Detention Pond Reconstruction - Construction Project) This Addendum to Master Agency Agreement (this "Addendum "), made and entered into as of the 23rd day of September, 2010, by and between the South Bend Department of Redevelopment, acting by and through its Redevelopment Commission (the "Commission ") and the City of South Bend, Indiana, a municipal corporation duly organized and existing pursuant to the laws of the State of Indiana, acting by and through its Board of Public Works (the "BPW ") for purposes of the Commission designating the BPW to act as the Commission's agent to undertake the Erskine Detention Pond Reconstruction - Construction Project (the "Project "). WHEREAS, effective January 1, 2010, the Commission and the BPW entered into a Master Agency Agreement which authorized the BPW to act as. agent for and on behalf of the Commission for certain projects during 2010; and WHEREAS, pursuant to the Master Agency Agreement, the Commission desires to add the Erskine Detention Pond Reconstruction - Construction Project to the Master Agency Agreement by way of this Addendum. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the BPW and the Commission agree as follows: 1. The Commission hereby empowers and appoints the BPW, pursuant to the Master Agency Agreement, to act as the Commission's agent for the limited purpose of contracting for and managing the completion of the Project, the scope of said Project being more specifically described in "Exhibit A ", attached hereto and made a part hereof. 2. All of the terms and conditions of the Master Agency Agreement shall control this appointment and this Addendum shall be attached to the Master Agency Agreement. 3. Commission staff members are authorized to execute on behalf of the Commission any documents necessary to carry out the intent of this resolution. IN WITNESS WHEREOF, the undersigned execute this Addendum to Master Agency Agreement to be effective as of the date first written above. CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT South Bend Redevelopment Commission ATTEST: South Bend Redevelopment Commission CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Gary Gilot, President Carl Littrell, Member Don Inks, Member ATTEST: Linda Martin, Clerk Exhibit "A" ERSKINE DETENTION POND RECONSTRUCTION CONSTRUCTION PROJECT See attached bid tabulation from the regular meeting of the City of South Bend Board of Public Works dated September 13, 2010 Ancon Construction - $1,100,523.48 C &E Excavating - $1,171,260.50 Selge Construction - $1,188,544.00 HRP Construction - $1,255,000.00 Ritschards Bros. - $1,750,299.87 Estimated Project Amount with 5% Budget Contingency- $1,250,000.00 6 C7 ( L) Community & Economic Development" IB65 1200 County -City Building, 227 West Jefferson, South Bend, Indiana 46601 -1830 Phone 574/235 -9371 Fax 57 To: Redevelopment Commission; Board of Public Wo s From: Bill Schalliol, Economic Development Planner `i Subject: Resolution 2770 and Addendum To Master Agen greement 1 Erskine Detention Pond Reconstruction - Construction Management Date: September 14, 2010 Attached to this memorandum is Resolution 2770 and Addendum To Master Agency Agreement for the Erskine Detention Pond Reconstruction - Construction Management. Attached to the Addendum is a copy of the professional services proposal from Christopher B Burke Engineering, Ltd., to provide project construction management and job site review for the Erskine Detention Pond Reconstruction. Christopher B Burke Engineering served as the project engineer for this project and the hiring of their firm for construction oversight will provide necessary continuity during the construction process. Staff requests approval of Resolution 2770 and the Addendum To MasterAgency Agreement for the Erskine Detention Pond Reconstruction - Construction Management. What We Do Today Makes A Difference! RESOLUTION NO. 2770 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION APPROVING AND AUTHORIZING THE EXECUTION OF AN ADDENDUM TO THE MASTER AGENCY AGREEMENT (Erskine Detention Pond Reconstruction - Construction Management) WHEREAS, effective January 1, 2010, the South Bend Department of Redevelopment, acting by and through its Redevelopment Commission (the "Commission ") and the South Bend Board of Public Works (the "BPW ") entered into a Master Agency Agreement which authorized the BPW to act as agent for and on behalf of the Commission for certain projects during 2010; and WHEREAS, pursuant to the Master Agency Agreement, the Commission desires to add the Erskine Detention Pond Reconstruction - Construction Management to the Master Agency Agreement by way of this Addendum. NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment Commission as follows: Section 1. The Commission hereby approves the Addendum to Master Agency Agreement (Erskine Detention Pond Reconstruction - Construction Management) and hereby authorizes its execution in substantially the form attached hereto with such changes as the Commission may deem necessary or appropriate upon the advice of counsel, said execution thereof to be conclusive evidence of the Commission's approval of such changes. The Clerk is hereby directed to file a copy of the Addendum with the BPW. Section 2. This Resolution shall be in fall force and effect after its adoption by the Commission. Section 3. Commission staff members are authorized to execute on behalf of the Commission any documents necessary to carry out the intent of this resolution. ADOPTED at a meeting of the South Bend Redevelopment Commission held on September 17, 2010, at 10:00 a.m., in Room 1308, County -City Building, South Bend, Indiana 46601. CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT South Bend Redevelopment Commission ATTEST: South Bend Redevelopment Commission ADDENDUM TO MASTER AGENCY AGREEMENT (Erskine Detention Pond Reconstruction - Construction Management) This Addendum to Master Agency Agreement (this "Addendum'), made and entered into as of the 23rd day of September, 2010, by and between the South Bend Department of Redevelopment, acting by and through its Redevelopment Commission (the "Commission ") and the City of South Bend, Indiana, a municipal corporation duly organized and existing pursuant to the laws of the State of Indiana, acting by and through its Board of Public Works (the "BPW ") for purposes of the Commission designating the BPW to act as the Commission's agent to undertake the Erskine Detention Pond Reconstruction - Construction Management (the "Project "). WHEREAS, effective January 1, 2010, the Commission and the BPW entered into a Master Agency Agreement which authorized the BPW to act as agent for and on behalf of the Commission for certain projects during 2010; and WHEREAS, pursuant to the Master Agency Agreement, the Commission desires to add the Erskine Detention Pond Reconstruction - Construction Management to the Master Agency Agreement by way of this Addendum. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the BPW and the Commission agree as follows: 1. The Commission hereby empowers and appoints the BPW, pursuant to the Master Agency Agreement, to act as the Commission's agent for the limited purpose of contracting for and managing the completion of the Project, the scope of said Project being more specifically described in "Exhibit A ", attached hereto and made a part hereof. 2. All of the terms and conditions of the Master Agency Agreement shall control this appointment and this Addendum shall be attached to the Master Agency Agreement. 3. Commission staff members are authorized to execute on behalf of the Commission any documents necessary to carry out the intent of this resolution. IN WITNESS WHEREOF, the undersigned execute this Addendum to Master Agency Agreement to be effective as of the date first written above. CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT South Bend Redevelopment Commission ATTEST: South Bend Redevelopment Commission CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Gary Gilot, President Carl Littrell, Member Don Inks, Member ATTEST: Linda Martin, Clerk Exhibit "A" ERSKINE DETENTION POND RECONSTRUCTION - CONSTRUCTION MANAGEMENT See attached proposal from Christopher B. Burke Engineering, LTD., dated September 9, 2010 CHRISTOPHER B. BURKE ENGINEERING, LTD. 220 West Colfax Avenue Suite 500 South Bend, IN 46601 TEL(574)282-8001 FAX(574)282-8003 September 9, 2010 Bill Schalliol CU of South Bend 12t Floor County — City Building South Bend, IN 46601 Subject: Construction Observation Services for Erskine Pond Reconstruction Project Professional Services Proposal Dear Mr. Schalliol: Christopher B. Burke Engineering, Ltd ( CBBEL) is pleased to provide this proposal for Construction Observation Services related to the Erskine Pond Reconstruction Project in the City of South Bend. The following is our scope of services, schedule and estimated fee in support of the project. SCOPE OF SERVICES Services to be provided by CBBEL for this work have been identified as follows: Task 1 — Pre - Construction Conference • Organize and set agenda for Conference • Notify representatives of the City, Contractor, and utilities • Develop and distribute meeting minutes and sign -in sheet • Phone non - attendees and verify pertinent information Task 2 — Field Reports. Records, and Daily Work For the purpose of this task, CBBEL staff have assumed an 8 month construction period, based on the Contract Documents. CBBEL staff will provide construction observation for the noted activities: • Inform Contractor as soon as possible of observed deficiencies in Contractor's work • Conduct regular Project Progress Meetings. Keep and distribute Project Progress Meeting minutes 03 Christopher B. Burke Engineering Ltd. [City of South Bend — CM for Erskine Pond Reconstruction] 1 • Complete a Daily Report for each day's work in the format desired by the City of South. Bend. • Completed project Daily Report forms shall be submitted to the City of South Bend Construction Manager with the monthly progress report. • Maintain a Daily Progressive Record of the quantities and locations of materials placed • Monthly Progress Reports to the City of South Bend Construction Manager • Collect, review, and forward Certified Payrolls /Payroll Vouchers to the City of South Bend Construction Manager Task 3 — Shop Drawing /Submittal Review • CBBEL staff will coordinate and perform Shop Drawing review Task 4 — Contractor Application for Payment • Review and agree to pay quantities with Contractor prior to submitting applications for payment • Check Contractor's applications for payment, sign and transmit payment applications to the City of South Bend Construction Manager Task 5 — Change Orders • CBBEL staff will coordinate and process change orders in a format acceptable to the City of South Bend Task 6 — Proiect Close -Out • Issue a Certificate of Substantial Completion • Prepare a Pre -final Punch List • Conduct a Final Project Walk- through with City. • Prepare and transmit a Final Project Punch List • Verify completion of Punch List items • Determine Final Quantities and complete Daily Progressive Record • Assemble Final Project Files and Documents • Review Final Application for Payment and prepare Final Change Order • Prepare a Final Construction Record SCHEDULE The proposal assumes an 8 month construction schedule, September 27th, 2010 through May 31St, 2011, with an inspector at the construction site an average of 5 hours each workday. 03 Christopher B. Burke Engineering Ltd. [City of South Bend - CM for Erskine Pond Reconstruction] 2 ESTIMATED FEE We have estimated the total cost for these services to be $121,550 plus reimbursable expenses. If and when the value of work accomplished exceeds 80% of the total fee, we will assess the remaining work and will notify you, in writing, if additional compensation will be needed. If additional compensation is needed, we will do no work beyond the total estimated fee until you issue a written notice accepting the additional charges.. We will bill you monthly, on a time and material basis, for assigned tasks in accordance with our attached standard Charges for Professional Services. In addition, our contract will be established in accordance with the attached General Terms and Conditions. These General Terms and Conditions are expressly incorporated into and are an integral part of this contract for professional services. If this proposal meets with your approval, please sign where indicated and return an executed original to us as our Notice to Proceed. The executed Proposal, along with the Estimated Fee, the attached Standard Charges for Professional Services, and the attached General Terms and Conditions constitute the whole of our Agreement. Any modification to any part of this Agreement without prior acknowledgement and consent by CBBEL will make null and void this Agreement. Any time commitment made by CBBEL as part of the Agreement does not begin until CBBEL has received an executed original. We appreciate the opportunity to submit this proposal and look forward to working with you on this project. Please contact me at the number listed above or Jason Durr at 574- 282 -8001 if you have any questions. Sincerely, Jon D. Stolz, P.E. Manager, Indiana 13 Christopher B. Burke Engineering Ltd. [City of South Bend — CM for Erskine Pond Reconstruction] 3 THIS PROPOSAL, ESTIMATED FEE, SCHEDULE OF CHARGES FOR PROFESSIONAL SERVICES, AND GENERAL TERMS & CONDITIONS FOR THE TRIANGLE NEIGHBORHOOD REDEVELOPMENT AREA - DEMOLITIONS IS ACCEPTED BY THE CITY OF SOUTH BEND, INDIANA - BOARD OF PUBLIC WORKS The above contract is accepted this Subject to the following conditions: BOARD OF PUBLIC WORKS Gary A. Gilot - President Donald E. Inks - Member Carl P. Littrell - Member ACCEPTANCE day of ATTEST: Linda M. Martin - Clerk Enclosures: Standard Charges for Professional Services General Terms and Conditions 2010 03 Christopher B. Burke Engineering Ltd. [City of South Bend — CM for Erskine Pond Reconstruction] 4 CHRISTOPHER B. BURKE ENGINEERING, LTD. JANUARY 2010 Charges* /Hr Engineer V 168 Engineer IV 138 Engineer III 125 Engineer 1 /11 102 Resource Planner V 138 Resource Planner IV 125 Resource Planner III 109 Resource Planner 1 /II 96 Engineering Technician IV 125 Engineering Technician III 109 Engineering Technician 1 /11 96 CAD II 111 CAD 1 98 GIS Specialist III 109 GIS Specialist 1 /11 87 Environmental Resource Specialist V 138 Environmental Resource Specialist IV 125 Environmental Resource Specialist III 109 Environmental Resource Specialist 1 /11 96 Environmental Resource Technician 90 Administrative 67 Engineering Intern 53 Information Technician 1 /11 62 Direct Costs Outside Copies, Blueprints, Messenger, Delivery Services, Mileage Cost + 12% *Charges include overhead and profit Christopher B. Burke Engineering, Ltd. reserves the right to increase these rates and costs by 5% after December 31, 2010. Christopher B. Burke Engineering Ltd. JB CHRISTOPHER B. BURKE ENGINEERING, LTD. GENERAL TERMS AND CONDITIONS Relationship Between Enoineer and Client: Christopher B. Burke Engineering, Ltd. (Engineer) shall serve as Client's professional engineer consultant in those phases of the Project to which this Agreement applies. This relationship is that of a buyer and seller of professional services and as such the Engineer is an independent contractor in the performance of this Agreement and it is understood that the parties have not entered into any joint venture or partnership with the other. The Engineer shall not be considered to be the agent of the Client. Nothing contained in this Agreement shall create a contractual relationship with a cause of action in favor of a third party against either the Client or Engineer. Furthermore, causes of action between the parties to this Agreement pertaining to acts of failures to act shall be deemed to have accrued and the applicable statute of limitations shall commence to run not later than the date of substantial completion. 2. Responsibility of the Engineer: Engineer will strive to perform services under this Agreement in accordance with generally accepted and currently recognized engineering practices and principles, and in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. No other representation, express or implied, and no warranty or guarantee is included or intended in this Agreement, or in any report, opinion, document, or otherwise. Notwithstanding anything to the contrary which may be contained in this Agreement or any other material incorporated herein by reference, or in any Agreement between the Client and any other party concerning the Project, the Engineer shall not have control or be in charge of and shall not be responsible for the means, methods, techniques, sequences or procedures of construction, or the safety, safety precautions or programs of the Client, the construction contractor, other contractors or subcontractors performing any of the work or providing any of the services on the Project. Nor shall the Engineer be responsible for the acts or omissions of the Client, or for the failure of the Client, any architect, engineer, consultant, contractor or subcontractor to carry out their respective responsibilities in accordance with the Project documents, this Agreement or any other agreement concerning the Project. Any provision which purports to amend this provision shall be without effect unless it contains a reference that the content of this condition is expressly amended for the purposes described in such amendment and is signed by the Engineer. 3. Changes: Client reserves the right by written change order or amendment to make changes in requirements, amount of work, or engineering time schedule adjustments, and Engineer and Client shall negotiate appropriate adjustments acceptable to both parties to accommodate any changes, if commercially possible. 4. Suspension of Services: Client may, at any time, by written order to Engineer (Suspension of Services Order) require Engineer to stop all, or any part, of the services required by this Agreement. Upon receipt of such an order, Engineer shall immediately comply with its terms and take all reasonable steps to minimize the costs associated with the services affected by such order. Client, however, shall pay all costs incurred by the suspension, including all costs necessary to maintain continuity and for the resumption of the services upon expiration of the Suspension of Services Order. Engineer will not be obligated to provide the same personnel employed prior to suspension, when the services are resumed, in the event that the period of suspension is greater than thirty (30) days. 5. Termination: This Agreement may be terminated by either party upon thirty (30) days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. This Agreement may be terminated by Client, under the same terms, whenever Client shall determine that termination is in its best interests. Cost of termination, including salaries, overhead and fee, incurred by Engineer either before or after the termination date shall be reimbursed by Client. 6. Documents Delivered to Client: Drawings, specifications, reports, and any other Project Documents prepared by Engineer in connection with any or all of the services furnished hereunder shall be delivered to the Client for the use of the Client. Engineer shall have the right to retain originals of all Project Documents and drawings for its files. Furthermore, it is understood and agreed that the Project Documents such as, but not limited to reports, calculations, drawings, and specifications prepared for the Project, whether in hard copy or machine readable form, are instruments of professional service intended for one -time use in the construction of this Project. These Project Documents are and shall remain the property of the Engineer. The Client may retain copies, including copies stored on magnetic tape or disk, for information and reference in connection with the occupancy and use of the Project. When and if record drawings are to be provided by the Engineer, Client understands that information used in the preparation of record drawings is provided by others and Engineer is not responsible for accuracy, completeness, nor sufficiency of such information. Client also understands that the level of detail illustrated by record drawings will generally be the same as the level of detail illustrated by the design drawing used for project construction. If additional detail is requested by the Client to be included on the record drawings, then the Client understands and agrees that the Engineer will be due additional compensation for additional services. It is also understood and agreed that because of the possibility that information and data delivered in machine readable form may be altered, whether inadvertently or otherwise, the Engineer reserves the right to retain the original tapes /disks and to remove from copies provided to the Client all identification reflecting the involvement of the Engineer in their preparation. The Engineer also reserves the right to retain hard copy originals of all Project Documentation delivered to the Client in machine readable form, which originals shall be referred to and shall govern in the event of any inconsistency between the two. The Client understands that the automated conversion of information and data from the system and format used by the Engineer to an alternate system or format cannot be accomplished without the introduction of inexactitudes, anomalies, and errors. In the event Project Documentation provided to the Client in machine readable form is so converted, the Client agrees to assume all risks associated therewith and, to the fullest extent permitted by law, to hold harmless and indemnify the Engineer from and against all claims, liabilities, losses, damages, and costs, including but not limited to attorney's fees, arising therefrom or in connection therewith. The Client recognizes that changes or modifications to the Engineer's instruments of professional service introduced by anyone other than the Engineer may result in adverse consequences which the Engineer can neither predict nor control. Therefore, and in consideration of the Engineer's agreement to deliver its instruments of professional service in machine readable form, the Client agrees, to the fullest extent permitted by law, to hold harmless and indemnify the Engineer from and against all claims, liabilities, losses, damages, and costs, including but not limited to attorney's fees, arising out of or in any way connected with the modification, misinterpretation, misuse, or reuse by others of the machine readable information and data provided by the Engineer under this Agreement. The foregoing indemnification applies, without limitation, to any use of the Project Documentation on other projects, for additions to this Project, or for completion of this Project by others, excepting only such use as may be authorized, in writing, by the Engineer. Reuse of Documents: All Project Documents including but not limited to reports, opinions of probable costs, drawings and specifications furnished by Engineer pursuant to this Agreement are intended for use on the Project only. They cannot be used by Client or others on extensions of the Project or any other project. Any reuse, without specific written verification or adaptation by Engineer, shall be at Client's sole risk, and Client shall indemnify and hold harmless Engineer from all claims, damages, losses, and expenses including attorney's fees arising out of or resulting therefrom. The Engineer shall have the right to include representations of the design of the Project, including photographs of the exterior and interior, among the Engineer's promotional and professional materials. The Engineer's materials shall not include the Client's confidential and proprietary information if the Client has previously advised the Engineer in writing of the specific information considered by the Client to be confidential and proprietary. 8. Standard of Practice: The Engineer will strive to conduct services under this agreement in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions as of the date of this Agreement. 9. Compliance with Laws: The Engineer will strive to exercise usual and customary professional care in his /her efforts to comply with those laws, codes, ordinance and regulations which are in effect as of the date of this Agreement. With specific respect to prescribed requirements of the Americans with Disabilities Act of 1990 or certified state or local accessibility regulations (ADA), Client understands ADA is a civil rights legislation and that interpretation of ADA is a legal issue and not a design issue and, accordingly, retention of legal counsel (by Client) for purposes of interpretation is advisable. As such and with respect to ADA, Client agrees to waive any action against Engineer, and to indemnify and defend Engineer against any claim arising from Engineer's alleged failure to meet ADA requirements prescribed. Further to the law and code compliance, the Client understands that the Engineer will strive to provide designs in accordance with the prevailing Standards of Practice as previously set forth, but that the Engineer does not warrant that any reviewing agency having jurisdiction will not for its own purposes comment, request changes and /or additions to such designs. In the event such design, requests are made by a reviewing agency, but which do not exist in the form of a written regulation, ordinance or other similar document as published by the reviewing agency, then such design changes (at substantial variance from the intended design developed by the Engineer), if effected and incorporated into the project documents by the Engineer, shall be considered as Supplementary Task(s) to the Engineer's Scope of Service and compensated for accordingly. 10. Indemnification: Engineer shall indemnify and hold harmless Client up to the amount of this contract fee (for services) from loss or expense, including reasonable attorney's fees for claims for personal injury (including death) or property damage to the extent caused by the sole negligent act, error or omission of Engineer. Client shall indemnify and hold harmless Engineer under this Agreement, from loss or expense, including reasonable attorney's fees, for claims for personal injuries (including death) or property damage arising out of the sole negligent act, error omission of Client. In the event of joint or concurrent negligence of Engineer and Client, each shall bear that portion of the loss or expense that its share of the joint or concurrent negligence bears to the total negligence (including that of third parties), which caused the personal injury or property damage. Neither Client nor Engineer shall be liable to the other party for special, incidental or consequential damages, including, but not limited to loss of profits, revenue, use of capital, claims of customers, cost of purchased or replacement power, or for any other loss of any nature, whether based on contract, tort, negligence, strict liability or otherwise, by reasons of the services rendered under this Agreement. 11. Opinions of Probable Cost: Since Engineer has no control over the cost of labor, materials or equipment, or over the Contractor(s) method of determining process, or over competitive bidding or market conditions, his /her opinions of probable Project Construction Cost provided for herein are to be made on the basis of his /her experience and qualifications and represent his /her judgment as a design professional familiar with the construction industry, but Engineer cannot and does not guarantee that proposal, bids or the Construction Cost will not vary from opinions of probable construction cost prepared by him /her. If prior to the Bidding or Negotiating Phase, Client wishes greater accuracy as to the Construction Cost, the Client shall employ an independent cost estimator Consultant for the purpose of obtaining a second construction cost opinion independent from Engineer. 12. Governing Law & Dispute Resolutions: This Agreement shall be governed by and construed in accordance with Articles previously set forth by (Item 9 of) this Agreement, together with the laws of the State of Indiana. El Any claim, dispute or other matter in question arising out of or related to this Agreement, which cannot be mutually resolved by the parties of this Agreement, shall be subject to mediation as a condition precedent to arbitration (if arbitration is agreed upon by the parties of this Agreement) or the institution of legal or equitable proceedings by either party. If such matter relates to or is the subject of a lien arising out of the Engineer's services, the Engineer may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by arbitration. The Client and Engineer shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Requests for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 13. Successors and Assigns: The terms of this Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns: provided, however, that neither party shall assign this Agreement in whole or in part without the prior written approval of the other. 14. Waiver of Contract Breach: The waiver of one party of any breach of this Agreement or the failure of one parry to enforce at any time, or for any period of time, any of the provisions hereof, shall be limited to the particular instance, shall not operate or be deemed to waive any future breaches of this Agreement and shall not be construed to be a waiver of any provision, except for the particular instance. 15. Entire Understanding of Agreement: This Agreement represents and incorporates the entire understanding of the parties hereto, and each party acknowledges that there are no warranties, representations, covenants or understandings of any kind, matter or description whatsoever, made by either party to the other except as expressly set forth herein. Client and the Engineer hereby agree that any purchase orders, invoices, confirmations, acknowledgments or other similar documents executed or delivered with respect to the subject matter hereof that conflict with the terms of the Agreement shall be null, void and without effect to the extent they conflict with the terms of this Agreement. 16. Amendment: This Agreement shall not be subject to amendment unless another instrument is duly executed by duly authorized representatives of each of the parties and entitled "Amendment of Agreement ". 5 17. Severability of Invalid Provisions: If any provision of the Agreement shall be held to contravene or to be invalid under the laws of any particular state, county or jurisdiction where used, such contravention shall not invalidate the entire Agreement, but it shall be construed as if not containing the particular provisions held to be invalid in the particular state, country or jurisdiction and the rights or obligations of the parties hereto shall be construed and enforced accordingly. 18. Force Maieure: Neither Client nor Engineer shall be liable for any fault or delay caused by any contingency beyond their control including but not limited to acts of God, wars, strikes, walkouts, fires, natural calamities, or demands or requirements of governmental agencies. 19. Subcontracts: Engineer may subcontract portions of the work, but each subcontractor must be approved by Client in writing. 20. Access and Permits: Client shall arrange for Engineer to enter upon public and private property and obtain all necessary approvals and permits required from all governmental authorities having jurisdiction over the Project. Client shall pay costs (including Engineer's employee salaries, overhead and fee) incident to any effort by Engineer toward assisting Client in such access, permits or approvals, if Engineer perform such services. 21. Designation of Authorized Representative: Each party (to this Agreement) shall designate one or more persons to act with authority in its behalf in respect to appropriate aspects of the Project. The persons designated shall review and respond promptly to all communications received from the other party. 22. Notices: Any notice or designation required to be given to either party hereto shall be in writing, and unless receipt of such notice is expressly required by the terms hereof shall be deemed to be effectively served when deposited in the mail with sufficient first class postage affixed, and addressed to the party to whom such notice is directed at such party's place of business or such other address as either party shall hereafter furnish to the other party by written notice as herein provided. 23. Limit of Liability: The Client and the Engineer have discussed the risks, rewards, and benefits of the project and the Engineer's total fee for services. In recognition of the relative risks and benefits of the Project to both the Client and the Engineer, the risks have been allocated such that the Client agrees that to the fullest extent permitted by law, the Engineer's total aggregate liability to the Client for any and all injuries, claims, costs, losses, expenses, damages of any nature whatsoever or claim expenses arising out of this Agreement from any cause or causes, including attorney's fees and costs, and expert witness fees and costs, shall not exceed the total Engineer's fee for professional engineering services rendered on this project as made part of this Agreement. Such causes included but are not limited to the Engineer's negligence, errors, omissions, strict liability or breach of contract. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law. C: 24. Client's Resoonsibilities: The Client agrees to provide full information regarding requirements for and about the Project, including a program which shall set forth the Client's objectives, schedule, constraints, criteria, special equipment, systems and site requirements. The Client agrees to furnish and pay for all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services which the Client may require to verify the Contractor's Application for Payment or to ascertain how or for what purpose the Contractor has used the money paid by or on behalf of the Client. The Client agrees to require the Contractor, to the fullest extent permitted by law, to indemnify, hold harmless, and defend the Engineer, its consultants, and the employees and agents of any of them from and against any and all claims, suits, demands, liabilities, losses, damages, and costs ( "Losses "), including but not limited to costs of defense, arising in whole or in part out of the negligence of the Contractor, its subcontractors, the officers, employees, agents, and subcontractors of any of them, or anyone for whose acts any of them may be liable, regardless of whether or not such Losses are caused in part by a party indemnified hereunder. Specifically excluded from the foregoing are Losses arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs, or specifications, and the giving of or failure to give directions by the Engineer, its consultants, and the agents and employees of any of them, provided such giving or failure to give is the primary cause of Loss. The Client also agrees to require the Contractor to provide to the Engineer the required certificate of insurance. The Client further agrees to require the Contractor to name the Engineer, its agents and consultants as additional insureds on the Contractor's policy or policies of comprehensive or commercial general liability insurance. Such insurance shall include products and completed operations and contractual liability coverages, shall be primary and noncontributing with any insurance maintained by the Engineer or its agents and consultants, and shall provide that the Engineer be given thirty days, unqualified written notice prior to any cancellation thereof. In the event the foregoing requirements, or any of them, are not established by the Client and met by the Contractor, the Client agrees to indemnify and hold harmless the Engineer, its employees, agents, and consultants from and against any and all Losses which would have been indemnified and insured against by the Contractor, but were not. When Contract Documents prepared under the Scope of Services of this contract require insurance(s) to be provided, obtained and /or otherwise maintained by the Contractor, the Client agrees to be wholly responsible for setting forth any and all such insurance requirements. Furthermore, any document provided for Client review by the Engineer under this Contract related to such insurance(s) shall be considered as sample insurance requirements and not the recommendation of the Engineer. Client agrees to have their own risk management department review any and all insurance requirements for adequacy and to determine specific types of insurance(s) required for the project. Client further agrees that decisions concerning types and amounts of insurance are 7 specific to the project and shall be the product of the Client. As such, any and all insurance requirements made part of Contract Documents prepared by the Engineer are not to be considered the Engineer's recommendation, and the Client shall make the final decision regarding insurance requirements. 25. Information Provided by Others: The Engineer shall indicate to the Client the information needed for rendering of the services of this Agreement. The Client shall provide to the Engineer such information as is available to the Client and the Client's consultants and contractors, and the Engineer shall be entitled to rely upon the accuracy and completeness thereof. The Client recognizes that it is impossible for the Engineer to assure the accuracy, completeness and sufficiency of such information, either because it is impossible to verify, or because of errors or omissions which may have occurred in assembling the information the Client is providing. Accordingly, the Client agrees, to the fullest extent permitted by law, to indemnify and hold the Engineer and the Engineer's subconsultants harmless from any claim, liability or cost (including reasonable attorneys' fees and cost of defense) for injury or loss arising or allegedly arising from errors, omissions or inaccuracies in documents or other information provided by the Client to the Engineer. 26. Payment: Client shall be invoiced once each month for work performed during the preceding period. Client agrees to pay each invoice within thirty -five (35) days of its receipt. Client further agrees to pay Engineer's cost of collection of all amounts due and unpaid after sixty (60) days, including court costs and reasonable attorney's fees, as well as costs attributed to suspension of services accordingly and as follows: Collection Costs. In the event legal action is necessary to enforce the payment provisions of this Agreement, the Engineer shall be entitled to collect from the Client any judgment or settlement sums due, reasonable attorneys' fees, court costs and expenses incurred by the Engineer in connection therewith and, in addition, the reasonable value of the Engineer's time and expenses spent in connection with such collection action, computed at the Engineer's prevailing fee schedule and expense policies. Suspension of Services. If the Client fails to make payments when due or otherwise is in breach of this Agreement, the Engineer may suspend performance of services upon five (5) calendar days' notice to the Client. The Engineer shall have no liability whatsoever to the Client for any costs or damages as a result of such suspension caused by any breach of this Agreement by the Client. Client will reimburse Engineer for all associated costs as previously set forth in (Item 4 of) this Agreement. 0 27. Indemnity Clause: When construction observation tasks are part of the service to be performed by the Engineer under this Agreement, the Client will include the following clause in the construction contract documents and the Client agrees not to modify or delete it: Contractor (and any subcontractor into whose subcontract this clause is incorporated) agrees and acknowledges that Engineer shall be considered a third party beneficiary of those contracts into which this clause has been incorporated; and agrees to assume the entire liability for all personal injury claims suffered by its employees, including without limitation, claims asserted by persons allegedly injured on the Project; waives any limitation of liability defense based on the Workers' Compensation Act, court interpretations of said Act or otherwise; and to the fullest extent permitted by law, agrees to indemnify and hold harmless and defend Owner and Engineer and their agents, employees, and consultants (the "Indemnities ") from and against any such loss, expense, damage or injury, including attorneys' fees and costs that the Indemnitees may sustain as a result of such claims. 28. Job Site Safety /Supervision & Construction Observation: The Engineer shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences of procedures, or for safety precautions and programs in connection with the Work since they are solely the Contractor's rights and responsibilities. The Client agrees that the Contractor shall supervise and direct the work efficiently with his /her best skill and attention; and that the Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures of construction and safety at the job site. The Client agrees and warrants that this intent shall be carried out in the Client's contract with the Contractor. The Client further agrees that the Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work; and that the Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to, all employees on the subject site and all other persons who may be affected thereby. The Engineer shall have no authority to stop the work of the Contractor or the work of any subcontractor on the project. When construction observation services are included in the Scope of Services, the Engineer shall visit the site at intervals appropriate to the stage of the Contractor's operation, or as otherwise agreed to by the Client and the Engineer to: 1) become generally familiar with and to keep the Client informed about the progress and quality of the Work; 2) to strive to bring to the Client's attention defects and deficiencies in the Work and; 3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Engineer shall not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. If the Client desires more extensive project observation, the Client shall request that such services be provided by the Engineer as Additional and Supplemental Construction Observation Services in accordance with the terms of this Agreement. The Engineer shall not be responsible for any acts or omissions of the Contractor, subcontractor, any entity performing any portions of the Work, or any agents or employees 0 of any of them. The Engineer does not guarantee the performance of the Contractor and shall not be responsible for the Contractor's failure to perform its Work in accordance with the Contract Documents or any applicable laws, codes, rules or regulations. When municipal review services are included in the Scope of Services, the Engineer (acting on behalf of the municipality), when acting in good faith in the discharge of its duties, shall not thereby render itself liable personally and is, to the maximum extent permitted by law, relieved from all liability for any damage that may accrue to persons or property by reason of any act or omission in the discharge of its duties. Any suit brought against the Engineer which involve the acts or omissions performed by it in the enforcement of any provisions of the Client's rules, regulation and /or ordinance shall be defended by the Client until final termination of the proceedings. The Engineer shall be entitled to all defenses and municipal immunities that are, or would be, available to the Client. 29. Insurance and Indemnification: The Engineer and the Client understand and agree that the Client will contractually require the Contractor to defend and indemnify the Engineer and /or any subconsultants from any claims arising from the Work. The Engineer and the Client further understand and agree that the Client will contractually require the Contractor to procure commercial general liability insurance naming the Engineer as an additional named insured with respect to the work. The Contractor shall provide to the Client certificates of insurance evidencing that the contractually required insurance coverage has been procured. However, the Contractor's failure to provide the Client with the requisite certificates of insurance shall not constitute a waiver of this provision by the Engineer. The Client and Engineer waive all rights against each other and against the Contractor and consultants, agents and employees of each of them for damages to the extent covered by property insurance during construction. The Client and Engineer each shall require similar waivers from the Contractor, consultants, agents and persons or entities awarded separate contracts administered under the Client's own forces. 30. Hazardous Materials /Pollutants: Unless otherwise provided by this Agreement, the Engineer and Engineer's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials /pollutants in any form at the Project site, including but not limited to mold /mildew, asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic /hazardous /pollutant type substances. Furthermore, Client understands that the presence of mold /mildew and the like are results of prolonged or repeated exposure to moisture and the lack of corrective action. Client also understands that corrective action is an operation, maintenance and repair activity for which the Engineer is not responsible. June 13. 2005 - INDIANA gt &c- indiana modified City of South Bend Mil South Bend Redevelopment Commission Contracts To Be Ratified September 17, 2010 Commission Role in Transaction Contractor Service Provided Contract Amount Staff Member 1503 -1505 S. Kemble Ave. Acquisition Meridian Title Corp. Title Work $100 Relos 601 Indiana Ave. Acquisition Meridian Title Corp. Title Work $100 Relos 509 Indiana Ave. Acquisition Meridian Title Corp. Title Work $100 Relos 318 E. Colfax Ave Acquisition Meridian Title Corp. Title Work $100 Relos 601 W. Indiana Ave. Acquisition David M. Witt Appraisal $350 1 Relos 601 W. Indiana Ave. Acquisition Michaels Appraisal Appraisal $350 Relos 509 W. Indiana Ave. Acquisition David M. Witt Appraisal $350 Relos 509 W. Indiana Ave. Acquisition Michaels Appraisal Appraisal $350 Relos 905 -909 W. Indiana Acquisition David M. Witt Appraisal $375 Relos 905 -909 W. Indiana Acquisition Michaels Appraisal Appraisal $450 Relos 1503 -1505 Kemble Acquisition David M. Witt Appraisal $550 Relos 1503 -1505 Kemble Acquisition Michaels Appraisal Appraisal $650 Relos